Pentair Water Solutions Pty Ltd Summary

[2013] FWCA 5750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentair Water Solutions Pty Ltd
(AG2013/7712)

PENTAIR WATER SOLUTIONS PTY. LTD., KWINANA PIPE PLANT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the Pentair Water Solutions Pty. Ltd., Kwinana Pipe Plant Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pentair Water Solutions Pty. Ltd., Kwinana Pipe Plant Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pentair Water Solutions Pty Ltd, the employer, applied to the Fair Work Commission for the approval of the Pentair Water Solutions Pty Ltd, Kwinana Pipe Plant Enterprise Agreement 2013. The applicant, the Australian Manufacturing Workers' Union, opposed the application on the grounds that the proposed agreement did not meet the requirements of the Fair Work Act 2009 for a modern award, in particular that it did not provide for an appropriate mechanism for resolving enterprise disputes. The Commission was required to determine whether the agreement met the statutory criteria for approval under section 231 of the Fair Work Act 2009.

The Commission considered the terms of the agreement, the submissions of the parties and relevant legislative provisions. The Commission noted that the proposed agreement provided for a dispute resolution process that included both internal and external options, including a final resort to conciliation and arbitration. The Commission found that the agreement provided for an appropriate mechanism for resolving enterprise disputes and met the statutory requirements for approval. The application was therefore approved under section 232 of the Fair Work Act 2009.

The agreement was approved as a Tier 2 agreement. The Fair Work Commission certified the agreement as a safety net improvement agreement under section 235 of the Fair Work Act 2009. The applicant's request for an extension of the agreement's duration was rejected. The agreement will apply to the employees covered by the agreement from the date of registration and will remain in force for a period of four years.

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