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

[2019] FWCA 5019

[2019] FWCA 5019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walz Group Pty Ltd as trustee for the C J and D A Walz Family Trust T/A Walz Group Pty Ltd
(AG2019/2367)

WALZ GROUP HAY POINT COAL TERMINAL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 JULY 2019

Application for approval of the Walz Group Hay Point Coal Terminal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Walz Group Hay Point Coal Terminal Enterprise Agreement 2019 (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 the 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.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 38 – Annual Leave

However, noting clause 6.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 18 July 2021.

COMMISSIONER

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