Grace Records Management (Aust) Pty Ltd

[2021] FWCA 5803

FAIR WORK COMMISSION

DECISION

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

Grace Records Management (Aust) Pty Ltd
(AG2021/7016)

GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT NSW 2020-2023

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 SEPTEMBER 2021

Application for approval of the Grace Records Management Enterprise Agreement NSW 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement NSW 2020-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The TWU, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Grace Records Management (Aust) Pty Ltd involved an application for the approval of the Grace Records Management Enterprise Agreement NSW 2020-2023. The applicant sought the Fair Work Commission's (FWC) approval of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions for employees within the company. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement was in the public interest and met the requirements set out in the Fair Work Act. The FWC had to consider the fairness and reasonableness of the agreement, including whether it provided for a safety net of minimum wages and conditions, allowed for flexibility in workplace arrangements, and ensured that employees were not disadvantaged by the terms of the agreement. Additionally, the FWC assessed whether the agreement was free from any unfair content and whether it was made in good faith.

In reaching its decision, the FWC examined the provisions of the agreement and the submissions made by the parties. The FWC found that the agreement contained provisions that provided for a safety net of minimum wages and conditions, and allowed for flexibility in workplace arrangements. The FWC was satisfied that the agreement was made in good faith and did not contain any unfair content. The FWC concluded that the agreement was in the public interest and met the necessary criteria for approval under the Fair Work Act.

Accordingly, the FWC approved the Grace Records Management Enterprise Agreement NSW 2020-2023, and the agreement will now regulate the employment terms and conditions for employees within the company. The approval of the agreement ensures that employees are protected by a safety net of minimum wages and conditions, while also allowing for flexibility in workplace arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established