Pentair Water Solutions Pty Ltd Summary

[2013] FWCA 6574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Solutions Pty Ltd
(AG2013/2548)

PENTAIR WATER SOLUTIONS PTY. LTD., SOMERTON STEEL PIPE OPERATIONS, ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Pentair Water Solutions Pty. Ltd., Somerton Steel Pipe Operations, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Water Solutions Pty. Ltd., Somerton Steel Pipe Operations, Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), 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 AMWU and AWU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water Solutions Pty Ltd, an employer, sought approval of its Enterprise Agreement 2013 from the Fair Work Commission. The application was contested by the Australian Manufacturing Workers’ Union, which represented some of the employees. The central dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial laws.

The court was required to determine whether the Enterprise Agreement 2013 met the procedural and substantive fairness standards. Procedurally, the court examined whether the agreement was genuinely negotiated, if there was adequate consultation, and if the process complied with the requirements of the Fair Work Act. Substantively, the court evaluated if the agreement provided fair terms and conditions for the employees, including aspects such as pay rates, leave entitlements, and other employment conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and that the process adhered to the legislative requirements. It concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the economic context and the bargaining positions of both parties. Consequently, the court approved the Enterprise Agreement 2013.

The Fair Work Commission ordered the approval of the Pentair Water Solutions Pty Ltd, Somerton Steel Pipe Operations, Enterprise Agreement 2013, subject to the effective date as specified in the agreement. This decision ensures that the terms of the agreement are legally binding for the parties involved.

Pentair Water Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established