Precision Valve Australia Pty Limited Summary

[2022] FWCA 2753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precision Valve Australia Pty Limited

(AG2022/3129)

Precision Valve Australia Pty Limited Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 15 AUGUST 2022

Application for approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Precision Valve Australia Pty Limited Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 7 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Valve Australia Pty Limited sought approval of its Enterprise Agreement 2022, which was put forward for consideration by the Fair Work Commission. The application was opposed by several unions representing employees within the company. The primary dispute centred on various provisions within the proposed agreement that the unions argued did not sufficiently protect employee rights and entitlements.

The legal issues the court needed to resolve included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly focusing on provisions related to working hours, shift patterns, and employee entitlements to rest periods. The unions contended that certain clauses within the agreement were detrimental to employee welfare and did not provide adequate safeguards. Conversely, Precision Valve argued that the agreement was fair and reasonable, balancing the interests of both the company and its employees.

The Fair Work Commission, in its assessment, meticulously examined each contested clause, weighing the evidence and arguments presented by both parties. The Commission found that while the proposed agreement included some provisions that could potentially disadvantage employees, the overall balance of the agreement was fair and reasonable. The Commission approved the agreement, noting that the benefits and protections offered outweighed any potential detriments. The unions' objections were largely addressed through specific amendments to the agreement, ensuring compliance with the statutory requirements.

The Fair Work Commission's final orders included the approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2022, subject to the modifications made to address the unions' concerns. The decision underscored the importance of balancing the rights and interests of both employers and employees within the framework of industrial relations legislation.

Precision Valve Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established