DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thompsons, Kelly & Lewis Pty Ltd
(AG2016/2219)

FLOWSERVE PUMP DIVISION - (THOMPSONS, KELLY & LEWIS PTY LTD) CASTLEMAINE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thompsons, Kelly & Lewis 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Thompsons, Kelly & Lewis Pty Ltd sought approval of the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015 from the Fair Work Commission. The application was made by the employer, who argued that the agreement was necessary to ensure the company's ongoing viability and competitiveness. The Australian Manufacturing Workers' Union was the union party to the agreement. The union argued that the agreement was fair and reasonable, taking into account the economic and competitive circumstances of the employer.

The legal issues before the Commission included whether the agreement was in the interests of the employees and whether it was fair and reasonable in all its terms. The Commission had to consider the economic and competitive circumstances of the employer, as well as the interests of the employees. The Commission also had to consider whether the agreement was consistent with the relevant industrial instruments and whether it provided for appropriate protections for employees.

The Fair Work Commission found that the agreement was in the interests of the employees and was fair and reasonable in all its terms. The Commission noted that the employer was facing significant economic and competitive pressures and that the agreement was necessary to ensure the company's ongoing viability. The Commission also found that the agreement provided for appropriate protections for employees and was consistent with the relevant industrial instruments. The Commission approved the agreement, subject to certain modifications to address minor concerns raised by the union.

The Fair Work Commission approved the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015, subject to certain modifications. The Commission found that the agreement was in the interests of the employees and was fair and reasonable in all its terms, taking into account the economic and competitive circumstances of the employer. The modifications to the agreement addressed minor concerns raised by the union and ensured that the agreement provided appropriate protections for employees. The approval of the agreement provides certainty for both the employer and employees and ensures the ongoing viability of the company.

Thompsons, Kelly & Lewis 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