DECISION

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

Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division
(AG2021/5030)

FLOWSERVE PUMP DIVISION - (THOMPSONS, KELLY & LEWIS PTY LTD) CASTLEMAINE COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MAY 2021

Application for approval of the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2020.

[1] Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division (the Applicant) has made an application for approval of an enterprise agreement known as the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 May 2021.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Thompsons, Kelly & Lewis Pty Ltd, trading as Flowserve Pump Division, for the approval of the Flowserve Pump Division (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2020. The applicant sought the approval of the agreement to ensure compliance with the Fair Work Act 2009, with the aim of setting out the terms and conditions of employment for its employees covered by the agreement.

The central legal issue before the court was whether the agreement met the formal and substantive requirements set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was fairly and properly negotiated, whether it contained all the prescribed minimum terms and conditions, and whether the provisions were consistent with the principles of the Act. The court also had to consider whether the agreement met the 'better off overall test', ensuring that employees would not be worse off financially by being covered by the agreement than they would be without it.

The court found that the agreement was fairly and properly negotiated and contained all the prescribed minimum terms and conditions. The court was satisfied that the agreement was consistent with the principles of the Act and met the 'better off overall test'. The court noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it, and that the parties had made a genuine effort to reach an agreement. The court approved the agreement and made orders accordingly.

The court made orders approving the Flowserve Pump Division (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2020, subject to the terms and conditions set out in the agreement. The orders were made under section 234 of the Fair Work Act 2009, and the agreement was registered as a registered agreement. The orders were effective from the date of the decision and applied to all employees covered by the agreement.

Thompsons, Kelly & Lewis Pty Ltd T/A Flowserve Pump Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established