DECISION

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

Grace Records Management (Australia) Ltd T/A Grace Records Management
(AG2019/2034)

GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 26 JULY 2019

Application for approval of the Grace Records Management Enterprise Agreement 2018-2021.

[1] An application (Form F16) has been filed by Grace Records Management (Australia) Ltd T/A Grace Records Management(the applicant) for the approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement 2018-2021 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Annual Leave entitlements;

• Shift Work;

• Personal Leave notification;

• Abandonment of Employment; and

• Family Violence Leave.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The Transport Workers Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Grace Records Management (Australia) Ltd T/A Grace Records Management, the Fair Work Commission was tasked with determining whether to approve the Grace Records Management Enterprise Agreement 2018-2021. This agreement was entered into between Grace Records Management, represented by their employer association, and the relevant union. The union sought to have the agreement approved, while Grace Records Management opposed the application, raising concerns about certain provisions of the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay and conditions, and whether it complied with the "better off overall test" which ensures that employees are not worse off under the agreement compared to their previous conditions of employment.

In its decision, the Commission noted that the agreement provided for minimum rates of pay and conditions that met the requirements of the Act. Furthermore, the Commission found that the agreement was better off overall for employees, as it included provisions that improved upon the employees' previous conditions, including increased pay rates, better leave entitlements, and clearer provisions regarding termination of employment. Consequently, the Commission determined that the agreement met the criteria for approval and ordered its approval.

In light of the findings, the Fair Work Commission approved the Grace Records Management Enterprise Agreement 2018-2021, with the approval taking effect from the date of the decision. The parties are now bound by the terms of the agreement, and it will govern the employment conditions of the relevant workforce for the duration of the agreement.

Grace Records Management (Australia) Ltd T/A Grace Records Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established