Pentair Water Solutions Pty Ltd

[2014] FWCA 5405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pentair Water Solutions Pty Ltd
(AG2014/6975)

PENTAIR WATER SOLUTIONS PTY. LTD., SOMERTON STEEL PIPE OPERATION, ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 AUGUST 2014

Application for approval of the Pentair Water Solutions Pty Ltd, Somerton Steel Pipe Operation, Enterprise Agreement 2014.

[1] An Application has been made for approval of a single-enterprise agreement known as Pentair Water Solutions Pty Ltd, Somerton Steel Pipe Operation, Enterprise Agreement 2014 (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 Solutions Pty. Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (AWU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU and AMWU.

[4] The Agreement does not contain the wages rates. The wage rates were filed by the Applicant at the request of the Commission in order to properly assess the Agreement. The Applicant has requested that the wage rates remain confidential. As such the wage rates will not published with this decision but are retained on file of the Commission.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water Solutions Pty Ltd applied for the approval of the Pentair Water Solutions Pty Ltd, Somerton Steel Pipe Operation, Enterprise Agreement 2014. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission had to consider whether the agreement provided for reasonable and appropriate mechanisms for dispute resolution and whether it allowed for the possibility of industrial action. The Commission also had to consider whether the agreement provided for appropriate flexibility and adaptability.

The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The agreement provided for reasonable and appropriate mechanisms for dispute resolution and allowed for the possibility of industrial action. The Commission was satisfied that the agreement provided for appropriate flexibility and adaptability. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Pentair Water Solutions Pty Ltd, Somerton Steel Pipe Operation, Enterprise Agreement 2014, and made orders for its registration. The agreement will now be in effect for the duration specified in the agreement and will provide the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established