Grace Records Management (Australia) Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grace Records Management (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Grace Records Management Enterprise Agreement 2021-2024. The dispute involved the terms and conditions of employment for employees within the company and their union representatives. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and efficient resolution of workplace issues, whether it adhered to the provisions of the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement provided for a proper balance between the interests of employees and the employer.

The Commission found that the agreement was fair and efficient, as it provided clear terms and conditions that were reasonably necessary to manage the employer’s business. The agreement was made in good faith and without any coercion. The Commission was satisfied that the agreement provided for a proper balance between the interests of the employees and the employer. The Commission approved the agreement, finding it met all the legal requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Grace Records Management Enterprise Agreement 2021-2024, and it will now be binding on the parties involved. The agreement will provide a framework for the terms and conditions of employment for the employees within the company and will remain in effect until the end of the specified period.

Grace Records Management (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