DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Valve Australia Pty Limited T/A Precision Valve
(AG2019/4688)

PRECISION VALVE AUSTRALIA PTY LIMITED MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 31 JANUARY 2020

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

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

[2] The Employer 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. The undertakings are taken to be a term of 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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 22 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Valve Australia Pty Limited T/A Precision Valve applied to the Fair Work Commission for approval of its Maintenance Enterprise Agreement 2019. The application arose from the company's desire to finalise a new enterprise agreement to replace its existing agreement, which was set to expire. The application was made in accordance with the Fair Work Act 2009, which requires the agreement to meet certain conditions to be approved.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, and whether it met the "better off overall test" under the Fair Work Act. This test requires that the agreement must provide employees with a minimum rate of pay and conditions that are no worse than those provided under applicable awards or other agreements. Additionally, the Commission had to consider whether the agreement was free from unlawful content, such as provisions that discriminated against a particular group of employees.

The Commission found that the agreement was genuinely negotiated, as it was the result of a series of meetings between the parties and included provisions that reflected the parties' respective positions. The Commission also found that the agreement met the better off overall test, as it provided employees with a minimum rate of pay and conditions that were no worse than those provided under applicable awards. The Commission further found that the agreement was free from unlawful content and did not discriminate against any group of employees.

The Fair Work Commission approved the Maintenance Enterprise Agreement 2019, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Fair Work Commission and that a copy be provided to each employee covered by the agreement. The Commission also ordered that the agreement be published on the Fair Work Commission's website. The company was required to take all reasonable steps to ensure that the agreement was brought to the attention of all employees covered by the agreement, and to provide a copy of the agreement to any employee who requested one.

Precision Valve Australia Pty Limited T/A Precision Valve

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established