Grace Australia Pty Ltd Summary

[2013] FWCA 2121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Australia Pty Ltd
(AG2013/741)

GRACE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2013

Application for approval of the Grace Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grace Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Grace Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 33.3 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Grace Australia Pty Ltd applied to the Fair Work Commission for approval of their 2013 Enterprise Agreement. The application was contested by the Retail and Fast Food Workers Union, who argued the agreement did not meet the requirements under the Fair Work Act 2009. The case before the Commission was to determine if the agreement complied with the Act’s provisions regarding employee representation and bargaining. The Commission examined whether the agreement was genuinely negotiated and if it covered all necessary terms and conditions of employment. The Union contended that certain provisions were unfair and did not adequately protect employee rights.

The Commission evaluated the procedural fairness of the agreement's negotiation and if the process adhered to the legislative framework. This included assessing whether the agreement was made in good faith and whether it covered all mandatory bargaining subjects. The Union argued that the agreement failed to provide adequate protections for employees in areas such as leave entitlements and penalty rates. The Commission also considered whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially under the new agreement compared to their previous conditions. The Union argued that employees would be disadvantaged under the proposed terms.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission determined that the agreement provided for all mandatory subjects and that employees would not be worse off financially. It also found that the process of negotiation was conducted in good faith and that the agreement provided adequate protections for employees. Consequently, the Commission approved the Grace Australia Pty Ltd Enterprise Agreement 2013. The Union’s objections were dismissed, and the agreement was registered with the Fair Work Commission.

Grace Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established