DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust T/A Walz Group Pty Ltd
(AG2016/2763)

WALZ GROUP HAY POINT COAL TERMINAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Walz Group Hay Point Coal Terminal Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Walz Group Hay Point Coal Terminal 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 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 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 16 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Walz Group Pty Ltd as Trustee for C J and D A Walz Family Trust T/A Walz Group Pty Ltd applied for approval of the Walz Group Hay Point Coal Terminal Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC). The nature of the dispute was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions. The Fair Work Commission, represented by Deputy President R G Bryant, had to determine if the agreement was in accordance with the relevant sections of the Fair Work Act.

The legal issues included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural fairness requirements. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including whether the provisions were not less favourable than the applicable award or safety net award. The Commission also had to consider whether the agreement met the procedural fairness requirements, including whether the employer had taken reasonable steps to ensure that employees were aware of and understood the agreement. The Commission further examined whether the agreement provided for genuine bargaining between the employer and employees and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement met the requirements of section 230 of the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, including that it was not less favourable than the applicable award or safety net award. The Commission also found that the employer had taken reasonable steps to ensure that employees were aware of and understood the agreement, and that there had been genuine bargaining between the employer and employees. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the Walz Group Hay Point Coal Terminal Enterprise Agreement 2016.

The Fair Work Commission approved the application for the Walz Group Hay Point Coal Terminal Enterprise Agreement 2016. The Commission found that the agreement met the requirements of section 230 of the Fair Work Act, including that it provided for fair and reasonable terms and conditions, and complied with the procedural fairness requirements. The Commission also found that the agreement was in the best interests of the employees. The Commission approved the application, and the agreement is now in effect.

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