DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Valve Australia Pty Limited
(AG2019/3778)

PRECISION VALVE AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 OCTOBER 2019

Application for approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Precision Valve Australia Pty Limited Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The United Voice and the National Union of Workers, being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 7 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Valve Australia Pty Limited applied for the approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2019. The application was made to the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who represented employees at Precision Valve. The dispute centred around the terms of the enterprise agreement, particularly those concerning pay rates, conditions of employment, and the process for resolving disputes between the employer and employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement fairly reflected the balance of power between the parties. The Commission needed to determine whether the agreement was genuinely negotiated and if it provided for fair terms and conditions of employment. The Commission also examined whether the agreement contained necessary dispute resolution mechanisms and if it adhered to the principles of the Fair Work Act.

The Fair Work Commission held that the agreement was genuinely negotiated and contained fair terms and conditions of employment. It was noted that the agreement provided for adequate dispute resolution mechanisms, which were considered to be compliant with the Act. The Commission concluded that the agreement met the statutory requirements for approval and was not contrary to public interest. As a result, the Commission approved the Precision Valve Australia Pty Limited Enterprise Agreement 2019.

Precision Valve Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established