Grace Records Management (Australia) Pty Ltd
[2023] FWCA 720
•7 MARCH 2023
| [2023] FWCA 720 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Grace Records Management (Australia) Pty Ltd
(AG2023/429)
Grace Records Management Enterprise Agreement 2021-2024
| Road transport industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 7 MARCH 2023 |
Application for approval of the Grace Records Management Enterprise Agreement 2021-2024.
Grace Records Management (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, 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.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 23.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 7 March 2023 and, in accordance with s.54, will operate from 14 March 2023. The nominal expiry date of the Agreement is 31 October 2024.
COMMISSIONER
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