DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Records Management Australia Pty Ltd T/A Grace Records Management
(AG2018/3453)

GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT NSW 2017-2020

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Grace Records Management Enterprise Agreement NSW 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement NSW 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grace Records Management Australia Pty Ltd T/A Grace Records Management. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Grace Records Management Australia Pty Ltd T/A Grace Records Management, the Fair Work Commission was tasked with approving the Grace Records Management Enterprise Agreement NSW 2017-2020. The primary dispute centred on the fairness and appropriateness of the proposed agreement, which was to govern the employment terms and conditions of employees within the organisation. The Commission's decision was pivotal in ensuring the agreement met the necessary standards set out in the Fair Work Act 2009.

The key legal issues that the Commission addressed were whether the agreement provided for a safety net of minimum wages and conditions, ensured procedural fairness in its creation, and met the requirements for good faith bargaining. Additionally, the Commission examined if the agreement offered a fair and reasonable outcome for both the employer and the employees. The central focus was on verifying that the agreement complied with the provisions of the Fair Work Act, particularly those relating to the negotiation and approval of enterprise agreements.

The Commission determined that the agreement was procedurally fair and represented a good faith outcome for the parties involved. It was found to meet the safety net requirements and provide a fair and reasonable outcome. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained appropriate safeguards for employee protections. Consequently, the application for approval of the Grace Records Management Enterprise Agreement NSW 2017-2020 was approved.

The final orders of the Commission were to approve the agreement, ensuring it would be applicable to the employees of Grace Records Management Australia Pty Ltd T/A Grace Records Management, effective from the date of the decision. This ruling established the terms and conditions for the employees, thereby resolving the dispute in favour of the proposed agreement.

Grace Records Management Australia Pty 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