Walz Group Pty Ltd

[2024] FWCA 2980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Walz Group Pty Ltd

(AG2024/2886)

WALZ GROUP ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 13 AUGUST 2024

Application for approval of the Walz Group Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Walz Group Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7) of the Act.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement support the approval of the Agreement and 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 August 2024. The nominal expiry date of the Agreement is 19 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Walz Group Pty Ltd recently faced a dispute before the Fair Work Commission, where the nature of the disagreement centred around the application for approval of the Walz Group Enterprise Agreement 2024. The application was brought forward by the employer, seeking formal endorsement of the proposed agreement, which outlined terms and conditions of employment for the workforce.

The legal issues at the heart of this matter revolved around whether the agreement met the requirements set forth by the Fair Work Act 2009, particularly concerning its fairness and compliance with the provisions that govern enterprise agreements. The Commission needed to assess whether the agreement provided for fair and reasonable terms for employees, and whether it had been genuinely negotiated.

In its decision, the Fair Work Commission examined the submissions from both the employer and the union representing the employees. The Commission considered various factors, including the extent of consultation, the adequacy of the terms, and the overall fairness of the agreement. After thorough deliberation, the Commission concluded that the agreement did indeed meet the necessary standards. It found that the terms were fair and reasonable, and that the process of negotiation had been conducted in good faith. Consequently, the Commission approved the Walz Group Enterprise Agreement 2024. This approval signifies that the terms set out in the agreement will now be legally binding for the employees of Walz Group Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established