DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Records Management (Australia) Pty Ltd
(AG2015/1843)

GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT NSW 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 FEBRUARY 2015

Application for approval of the Grace Records Management Enterprise Agreement NSW 2014.

[1] An application has been made for approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement NSW 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Grace Records Management (Australia) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 16 February 2015 undertakings were provided by Ms L Wallace, Human Resources Manager of the Company, in relation to clause 16 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Grace Records Management (Australia) Pty Ltd sought approval of the Grace Records Management Enterprise Agreement NSW 2014, which was submitted to the Fair Work Commission. The application involved determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements and whether it was certified as a simple, low risk, or green field agreement. The applicant argued that the agreement was a low-risk agreement and had been negotiated in good faith.

The legal issues before the Commission included whether the agreement was a low-risk agreement as defined in the Fair Work Regulations 2009, and whether it provided for minimum entitlements as required by section 235 of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement had been negotiated in good faith, as per section 230 of the Act. The applicant submitted that the agreement was a low-risk agreement and that it provided for the minimum entitlements.

The Fair Work Commission found that the agreement met the definition of a low-risk agreement and provided for the minimum entitlements. The Commission was satisfied that the agreement had been negotiated in good faith and that it complied with the statutory requirements. The Commission approved the application and certified the agreement as a low-risk agreement. The applicant's application for approval of the Grace Records Management Enterprise Agreement NSW 2014 was successful.

The Fair Work Commission certified the Grace Records Management Enterprise Agreement NSW 2014 as a low-risk agreement. The agreement was approved, and the Commission determined that it met all the necessary statutory requirements under the Fair Work Act 2009. The applicant's application was successful, and the agreement was registered.

Grace Records Management (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established