DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PWS Water Systems Pty Ltd
(AG2015/5240)

PWS WATER SYSTEMS PTY LIMITED, SOMERTON STEEL PIPE OPERATION, ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2015

Application for approval of the PWS Water Systems Pty Limited, Somerton Steel Pipe Operation, Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the PWS Water Systems Pty Limited, Somerton Steel Pipe Operation, Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PWS Water Systems Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were PWS Water Systems Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a trade union representing the employees. The nature of the dispute was an application for the approval of an Enterprise Agreement between the employer and the union, specifically the PWS Water Systems Pty Limited, Somerton Steel Pipe Operation, Enterprise Agreement 2015 - 2019. The matter was heard in the Fair Work Commission of Australia, an independent statutory body with jurisdiction over workplace relations and industrial matters.

The legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, and whether it had been made in accordance with the principles of good faith bargaining. The AMWU raised concerns about the provisions of the agreement relating to penalty rates, leave entitlements, and other employment conditions. The Commission was required to assess whether the agreement was fair and reasonable, and whether it had been made without any improper conduct on the part of either party.

The Fair Work Commission found that the Enterprise Agreement was fair and reasonable, and had been made in accordance with the principles of good faith bargaining. The Commission noted that the agreement contained provisions that were better than the applicable award, and that there was no evidence of any improper conduct on the part of either party. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both employers and employees, and approved the agreement accordingly. The Commission's decision was based on a detailed analysis of the terms and conditions of the agreement, as well as the bargaining process that led to its creation.

The final orders of the Commission were that the PWS Water Systems Pty Limited, Somerton Steel Pipe Operation, Enterprise Agreement 2015 - 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements, and would have legal effect from the date of registration. The decision of the Commission was binding on both parties and could not be challenged in any court or tribunal.

PWS Water Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established