DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.C.N.010354908 Pty Ltd as trustee for CJ & DA Walz Family Trust T/A A.C.N.010354908 Pty Ltd
(AG2016/6556)

WALZ GROUP INFRASTRUCTURE DIVISION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Walz Group Infrastructure Division Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Walz Group Infrastructure Division Enterprise Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.C.N.010354908 Pty Ltd as trustee for CJ & DA Walz Family Trust T/A A.C.N.010354908 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 2 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Walz Group Infrastructure Division Enterprise Agreement 2016. The applicant, A.C.N.010354908 Pty Ltd as trustee for CJ & DA Walz Family Trust trading as A.C.N.010354908 Pty Ltd, sought to have the agreement recognised under the Fair Work Act 2009. The legal dispute centred on whether the agreement met the necessary criteria for approval, including compliance with procedural requirements and substantive fairness. The Commission was tasked with determining whether the agreement was made in good faith and whether it contained the essential elements required by law, including minimum terms and conditions of employment.

The primary legal issues addressed by the Commission were whether the agreement was genuinely negotiated between the employer and the employees, whether the agreement contained all the required minimum terms and conditions, and whether the agreement was procedurally sound. The Commission considered evidence on the negotiation process, the participation of employees in the agreement's development, and whether the agreement provided for fair and reasonable terms. Additionally, the Commission examined whether the agreement complied with all relevant legislative requirements and if it was in the best interests of the employees.

The Fair Work Commission concluded that the agreement met the necessary criteria for approval. The Commission found that the negotiation process was genuine and that employees had participated in the development of the agreement. The agreement was found to contain all the required minimum terms and conditions, and it was deemed to be fair and reasonable. The Commission also confirmed that the agreement was procedurally sound and compliant with all relevant legislative requirements. Consequently, the Commission approved the Walz Group Infrastructure Division Enterprise Agreement 2016, allowing it to be registered with the Fair Work Commission.

The Fair Work Commission's decision to approve the Walz Group Infrastructure Division Enterprise Agreement 2016 was based on the findings that the agreement was genuinely negotiated, contained all required terms and conditions, and was in the best interests of the employees. The Commission's approval ensures that the agreement can be registered and enforced under the Fair Work Act 2009, providing a framework for the employment conditions of the covered employees.

A.C.N.010354908 Pty Ltd as trustee for CJ & DA Walz Family Trust T/A A.C.N.010354908 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