Walz Group Pty Ltd as trustee for the C J & D A Walz Family Trust

[2020] FWCA 928

[2020] FWCA 928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Walz Group Pty Ltd as trustee for the C J & D A Walz Family Trust
(AG2020/65)

WALZ GROUP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 20 FEBRUARY 2020

Application for approval of the Walz Group Enterprise Agreement 2019.

[1] Walz Group Pty Ltd as trustee for the C J & D A Walz Family Trust (the Employer) has applied for approval of an enterprise agreement known as the Walz Group Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the employee bargaining representatives for the Agreement.

[3] I note that the agreement was lodged 29 days after conclusion of the vote. As s.185 of the Act requires a bargaining representative for the agreement to lodge an application within 14 days of the agreement being made, there was a delay of some 15 days in lodgement of the application with the Fair Work Commission.

[4] I sought a response from the Employer who explained that the delay was because of the Christmas/New Year holiday period over which the Employer, the AMWU and the AWU were closed. The Applicant attempted to complete the relevant lodgement forms by 20 December 2019 but were unsuccessful.

[5] Having regard to the relevant time of year, I have determined to exercise my discretion under s.185(3)(b) of the Act to extend time for lodgement of the application on the basis it is fair to extend the period for lodgement.

[6] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[7] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[8] The AMWU, while a bargaining representative for the Agreement, advised in its Form F18 that they did not wish for the Agreement to cover them.

[9] The AWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2020. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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Annexure A.