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

[2022] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3042)

Walz Group Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MOLTONI	BRISBANE, 28 JULY 2022

Application for approval of the Walz Group Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Walz Group Enterprise Agreement 2022 (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 ATF C J & D A Walz Family Trust (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Australian Workers Union (AWU) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Walz Group Enterprise Agreement 2022. The parties involved were the Walz Group Pty Ltd, acting as trustee for the C J & D A Walz Family Trust, and various employee representatives. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement and whether they complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and if it was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the enterprise agreement complied with the procedural requirements of the Fair Work Act, and if it met the substantive fairness test. This included assessing whether the agreement provided for appropriate minimum terms and conditions, and if it allowed for fair and meaningful employee participation in the bargaining process. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or were otherwise unlawful.

In making its decision, the Fair Work Commission examined the evidence presented by both parties and considered the relevant legal principles. The Commission found that the enterprise agreement was procedurally sound, having been negotiated in good faith and with adequate employee participation. It also found that the terms and conditions set out in the agreement were fair and reasonable, providing for appropriate minimum entitlements and allowing for flexibility in the workplace. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or otherwise unlawful.

The Fair Work Commission approved the Walz Group Enterprise Agreement 2022, finding that it met the necessary legal standards and was fair and reasonable for the employees involved. The Commission's decision provides guidance for other employers and employees engaging in enterprise bargaining, and reinforces the importance of ensuring that enterprise agreements comply with the Fair Work Act and promote fair and meaningful workplace outcomes.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established