Pentair Water Solutions Pty Ltd

[2014] FWCA 7935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Solutions Pty Ltd
(AG2014/9683)

PENTAIR WATER SOLUTIONS PTY. LTD. - WACOL MANUFACTURING PLANT, ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Pentair Water Solutions Pty. Ltd. - Wacol Manufacturing Plant, Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Water Solutions Pty. Ltd. - Wacol Manufacturing Plant, Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Pentair Water Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the bargaining representatives with respect to these undertakings and both The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) support the undertakings.

[4] Subject to the undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The AWU and AMWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AWU and AMWU.

[6] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 14 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The case involved Pentair Water Solutions Pty Ltd, an employer, and a union representing its employees. The union sought approval of an enterprise agreement between the parties for the Wacol Manufacturing Plant. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative requirements, particularly those concerning the negotiation process and the content of the agreement.

The Commission examined the evidence presented by both parties regarding the negotiation process. It considered whether the agreement was made in good faith and whether it was genuinely negotiated. The Commission also assessed the substantive provisions of the agreement to determine if they met the standards set by the Fair Work Act 2009. This included checking for compliance with minimum wage rates, penalty rates, and other employment conditions. The Commission's decision hinged on whether the agreement was fair and balanced, taking into account the interests of both employees and the employer.

After reviewing the evidence and arguments, the Commission found that the agreement was negotiated in good faith and that it met the legislative requirements. The Commission was satisfied that the negotiation process was transparent and that both parties had participated genuinely. The substantive provisions of the agreement were also found to be fair and reasonable, offering a balanced outcome for both employees and the employer. Consequently, the Commission approved the enterprise agreement. The final orders confirmed the approval of the agreement, allowing it to take effect from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established