Pentair Water Australia Pty Ltd Summary

[2023] FWCA 1817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentair Water Australia Pty Ltd

(AG2023/1884)

PENTAIR WATER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 21 JUNE 2023

Application for approval of the Pentair Water Australia Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Pentair Water Australia Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Water Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2023. The nominal expiry date of the Agreement is 4 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water Australia Pty Ltd applied to the Fair Work Commission for the approval of the Pentair Water Australia Pty Ltd Enterprise Agreement 2023. The application arose from negotiations between the company and the relevant union, which aimed to regulate employment conditions for the company's employees. The dispute centred on the fairness and compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the court had to determine were whether the agreement met the statutory requirements for approval under the Fair Work Act, and whether it complied with the "better off overall test". This test requires that, on average, employees covered by the agreement must not be worse off financially than they would be under their applicable award or registered agreement. The court also needed to assess whether the agreement was made in good faith and if it included appropriate provisions for employee representation and consultation.

The Fair Work Commission found that the proposed agreement satisfied all statutory requirements and complied with the better off overall test. The court noted that the agreement provided for fair and reasonable terms of employment, and that it included provisions for employee representation and consultation. Additionally, the court determined that the agreement was made in good faith. Consequently, the Fair Work Commission approved the agreement, finding it met all necessary legal standards and was beneficial to the employees.

No further orders were made by the court beyond the approval of the agreement.

Pentair Water Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established