DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Valve Australia Pty Limited
(AG2016/5770)

PRECISION VALVE AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precision Valve Australia Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Vale Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and United Voice being 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2016. The nominal expiry date of the Agreement is 7 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Valve Australia Pty Limited applied to the Fair Work Commission for approval of their enterprise agreement, which was contested by the Transport Workers Union. The matter was brought before the Fair Work Commission to determine whether the agreement should be approved, considering its compliance with relevant laws and protections for employees. The legal issues before the Commission involved whether the agreement met all statutory requirements, including the provisions for minimum wages and conditions, and whether it was made in good faith and without coercion.

The Commission examined the agreement clause by clause, ensuring that it provided for minimum wages and conditions as required by the Fair Work Act 2009. The Transport Workers Union argued that certain provisions were not in line with statutory protections, particularly regarding the classification of employees and their entitlements. After a detailed analysis, the Commission found that the agreement generally adhered to the statutory requirements and was made in good faith, without any evidence of coercion. The Commission was satisfied that the agreement appropriately balanced the interests of the employer and employees.

The Fair Work Commission approved the Precision Valve Australia Pty Limited Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act 2009 and made without coercion. The agreement was deemed to provide fair and reasonable terms for employees, meeting the necessary statutory requirements. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

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