Grace Records Management (Aust) Pty Ltd

[2016] FWCA 2506

[2016] FWCA 2506

FAIR WORK COMMISSION

DECISION

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

Grace Records Management (Aust) Pty Ltd
(AG2016/2550)

GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 22 APRIL 2016

Application for approval of the Grace Records Management Enterprise Agreement NSW 2015.

[1] An application has been made by Grace Records Management (Aust) Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement 2015 (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 Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. On 16 March 2016 Ms Wallace, Human Resources Manager, advised that the Agreement was lodged late due to a delay resulting from the Transport Workers’ Union of Australia (TWU) requiring each state office to sign off on the Agreement. Ms Manos of the TWU agreed with the explanation for delay as outlined by Ms Wallace. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Agreement covers employees of the applicant in the Australian states of Victoria, South Australia, Queensland, Western Australia, Tasmania, Northern Territory and the ACT. As per the requirements under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Conversion of Casual Employment

[4] The Agreement did not contain a term that reflected clause 12.6 the Road Transport and Distribution Award 2010, allowing a regular and systematic casual employee the opportunity to convert to either full time or part time employment.

Undertaking

[5] The applicant has provided an undertaking which states that the employer will abide by clause 12.6 of the Road Transport and Distribution Award 2010 relating to the conversion of casual employment. That undertaking is annexed at Annexure A.

Better off overall test

[6] With respect to the better off overall test (BOOT) under s.186 of the Act, the wage rates under the Agreement are more beneficial than the Road Transport and Distribution Award 2010, being the relevant reference instrument for the purposes of the BOOT.

Conclusion

[7] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[8] The TWU was an employee organisation involved in the agreement making process and has stated that it wishes to be covered by the Agreement, in accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

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

[10] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

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