Precision Valve Australia Pty Ltd Summary

[2013] FWCA 5420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Precision Valve Australia Pty Ltd
(AG2013/2112)

PRECISION VALVE AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 AUGUST 2013

Application for approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Precision Valve Australia Pty Limited 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers (New South Wales Branch) 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. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 14 August 2013. The nominal expiry date of the Agreement is 7 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Valve Australia Pty Ltd applied to the Fair Work Commission for the approval of the Precision Valve Australia Pty Limited Enterprise Agreement 2013. The application was opposed by the Electrical Trades Union of Australia. The dispute was over the terms and conditions of employment for workers within the company. The Fair Work Commission heard the application.

The central issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant legislative provisions. The Commission considered whether the agreement met the statutory requirements for enterprise agreements, including whether it provided for a safety net of minimum wages and conditions, and whether it was negotiated in good faith.

The Fair Work Commission determined that the proposed enterprise agreement did meet the necessary statutory requirements. The Commission found that the agreement provided for a safety net of minimum wages and conditions and was negotiated in good faith. The Commission was satisfied that the agreement did not undermine the protection afforded by the safety net and did not contain any terms that were contrary to public policy.

The Fair Work Commission approved the Precision Valve Australia Pty Limited Enterprise Agreement 2013. The Commission made an order approving the agreement as a registered enterprise agreement under the Fair Work Act 2009. The order was effective from the date of the Commission's decision.

Precision Valve Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established