Thompsons, Kelly & Lewis Pty Ltd t/a Flowserve Pump Division

The applicant, Thompsons, Kelly & Lewis Pty Ltd trading as the Flowserve Pump Division, brought an application before the Fair Work Commission to seek approval for the Flowserve Pump Division (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Enterprise Agreement 2023. The dispute centred on the terms and conditions of employment for the workers within the organisation and the need for a certified agreement to govern their employment.

The primary legal issue for the Commission to address was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved ensuring that the agreement did not provide for terms and conditions of employment that were less favourable than the applicable national workplace determination or modern award, and that the agreement had been made in accordance with the procedural requirements of the Fair Work Act.

The Commission, in its decision, examined the terms of the agreement to confirm that they did not unfairly disadvantage employees. The Commission also assessed whether the agreement had been made following a proper process, including the provision of relevant information to the employees and the opportunity for them to be involved in the negotiations. After careful consideration of these factors, the Commission found that the agreement met all the necessary criteria for approval. Consequently, the Fair Work Commission approved the proposed enterprise agreement, thereby providing a legally binding framework for the employment terms and conditions of the workers at the Flowserve Pump Division.