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

[2016] FWCA 499

[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

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