Walz Group Pty Ltd as Trustee for C J and D a Walz Family Trust

[2016] FWCA 499

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust T/A

Walz Group Pty Ltd

(AG2016/2074)

WALZ GROUP GLADSTONE AREA ENTERPRISE AGREEMENT 2015

- 2018

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Walz Group Gladstone Area Enterprise Agreement 2015 -

2018.

[1] An application has been made for approval of an enterprise agreement known as the

Walz Group Gladstone Area Enterprise Agreement 2015 - 2018 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust T/A Walz Group Pty

Ltd. The Agreement is a single enterprise agreement.

[2] I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred

Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has

lodged a Form F18 advising they do not wish to be covered by the Agreement. I have

considered the objections raised by the “Automotive, Food, Metals, Engineering, Printing and

Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

and the response provided by the Applicant’s representative.

[3] In relation to objections 1 and 2, I note that the wage rates provided in the agreement

are high enough to compensate for these reductions in entitlements.

[4] In relation to objection 3, I note that clause 37 will have no effect if it is an unlawful

term.
[5]	In relation to objection 4, I note that the Manufacturing and Associated Industries and

Occupations Award 2010 is incorporated into the Agreement at clause 7.2, and as such a

shiftworker for the purposes of the National Employment Standards is defined as per the

Award.

[6] 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.
[2016] FWCA 499

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

9 February 2016. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417565 PR576425

CaseChat Overview and Summary

The case involves an application for approval of the Walz Group Gladstone Area Enterprise Agreement 2015-2018, submitted by Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust T/A Walz Group Pty Ltd. The application was made under section 185 of the Fair Work Act 2009, seeking to approve the enterprise agreement which is intended to govern the employment conditions for the manufacturing and associated industries sector. The Australian Manufacturing Workers’ Union (AMWU) has lodged objections to the agreement.

The court had to determine whether the application met the legal criteria for approval as outlined in sections 186, 187, and 188 of the Fair Work Act 2009. Key issues included the adequacy of the wage rates to compensate for reductions in entitlements, the legality of certain terms, and the incorporation of the Manufacturing and Associated Industries and Occupations Award 2010. The court assessed the objections raised by the AMWU and the applicant's response to determine if the agreement could be approved.

Commissioner Gregory found that the wage rates in the agreement were sufficient to compensate for the reductions in entitlements, and that the terms in question would be ineffective if found unlawful. The incorporation of the Award into the agreement provided a clear definition of a shiftworker for the purposes of the National Employment Standards. The Commissioner was satisfied that all relevant requirements for approval had been met, including the mandatory bargaining provisions, good faith negotiation, and the absence of protected action.

The Agreement was approved and will operate from 9 February 2016, with a nominal expiry date of 1 February 2018. The court's decision to approve the agreement signifies that it meets the legal standards for such enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established