DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust
(AG2015/2110)

WALZ GROUP MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 MARCH 2015

Application for approval of the Walz Group Maintenance Services Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Walz Group Maintenance Services Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Walz Group Pty Ltd as Trustee for CJ and DA Walz Family Trust. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 1 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust seeking approval of the Walz Group Maintenance Services Enterprise Agreement 2015-2018. The dispute arose under the Fair Work Act 2009, specifically in relation to the approval process for enterprise agreements. The matter was heard in the Fair Work Commission, presided over by Commissioner E S D’Costa.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it met the requirements for approval under the Act, and whether it complied with the Fair Work (Registered Organisations) Act 2009. This included examining whether the agreement was fairly negotiated and if it adhered to the provisions regarding procedural fairness and good faith bargaining. The Commission also needed to consider the submissions and evidence provided by the parties regarding the negotiation process and the content of the agreement.

The Commission found that the agreement was indeed a genuine enterprise agreement that had been fairly negotiated. The evidence presented showed that the negotiation process complied with the statutory requirements, including the involvement of independent representatives. The Commission was satisfied that both parties had engaged in good faith bargaining, and the agreement reflected a reasonable balance of interests between the employer and the employees. Furthermore, the agreement was deemed to comply with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the Walz Group Maintenance Services Enterprise Agreement 2015-2018.

The Fair Work Commission approved the Walz Group Maintenance Services Enterprise Agreement 2015-2018, recognising it as a genuine agreement that met all statutory requirements for approval. The Commission's decision was based on the evidence of fair negotiation and compliance with the relevant legislative provisions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established