Pentair Water Solutions Pty Ltd

[2013] FWCA 6302

The attached document replaces the document previously issued with the above code on 30 August 2013.

Summary line amended to reflect the application as an application to approve an Agreement, rather than vary.

Associate to SENIOR DEPUTY PRESIDENT DRAKE

25 September 2013

[2013] FWCA 6302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Solutions Pty Ltd
(AG2013/7762)

PENTAIR WATER SOLUTIONS PTY. LTD. - WACOL MANUFACTURING PLANT, ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Pentair Water Solutions Pty. Ltd. - Wacol Manufacturing Plant, Enterprise Agreement 2013-2014.

[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 2013-2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pentair Water Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union and the Australian Worker’ Union being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water Solutions Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Pentair Water Solutions Pty Ltd - Wacol Manufacturing Plant, Enterprise Agreement 2013-2014. The applicant was an employer with employees covered by the agreement. The matter was heard in the Fair Work Commission, a body with specific jurisdiction to deal with workplace relations matters under Australian law. The primary issue for the Commission was whether the agreement met the requirements of Australian workplace law for approval. This included ensuring the agreement was made in good faith, did not discriminate against any group of employees, and was not otherwise contrary to public policy.

The Commission considered the evidence presented and submissions made by the parties. It examined whether the agreement was negotiated in good faith, involved genuine consultation, and whether the parties had taken steps to resolve any disputes before finalising the agreement. The Commission also assessed if the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with all relevant provisions of the Fair Work Act. The Commission noted that the agreement was comprehensive, covering various aspects of employment, including wages, conditions, and dispute resolution mechanisms.

After thorough consideration, the Fair Work Commission found that the agreement was made in good faith and met all legal requirements for approval. The Commission determined that the agreement provided fair and reasonable terms for the employees and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the agreement, stating it would be binding on the parties from the effective date. The decision underscores the importance of ensuring all workplace agreements adhere to the stringent legal framework designed to protect the rights of employees while maintaining fair business practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established