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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Walz Group Pty Ltd as trustee for the C J and D A Walz Family Trust trading as Walz Group Pty Ltd, sought approval of the Walz Group Hay Point Coal Terminal Enterprise Agreement 2019. This agreement was intended to establish the terms and conditions of employment for the employees of the respondent, Walz Group Pty Ltd. The matter was heard in the Fair Work Commission, where the applicants argued that the proposed agreement was a good faith attempt to facilitate the business operations of the company.

The primary legal issue before the commission was whether the proposed enterprise agreement was made in good faith. The applicants needed to demonstrate that the agreement was not only a genuine attempt to facilitate the business operations of the company but also met the requirements of the Fair Work Act 2009. The applicants contended that the proposed agreement was necessary to ensure the ongoing viability of the company and to provide certainty for both the employer and employees.

The commission found that the proposed agreement was made in good faith and met the requirements of the Fair Work Act. The applicants had demonstrated that the agreement was necessary to facilitate the business operations of the company and to provide certainty for both parties. The commission was satisfied that the agreement provided for appropriate mechanisms to ensure that the interests of employees were protected and that the company's business operations could be facilitated. The commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Walz Group Hay Point Coal Terminal Enterprise Agreement 2019, finding that it was made in good faith and met the requirements of the Fair Work Act. The agreement was necessary to ensure the ongoing viability of the company and to provide certainty for both the employer and employees. The commission was satisfied that the agreement provided for appropriate mechanisms to ensure that the interests of employees were protected and that the company's business operations could be facilitated.

Walz Group Pty Ltd as trustee for the 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