Grace Removals (Australia) Pty Ltd T/A Grace Removals (Australia) Pty Ltd
[2023] FWCA 2284
•24 JULY 2023
| [2023] FWCA 2284 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Grace Removals (Australia) Pty Ltd T/A Grace Removals (Australia) Pty Ltd
(AG2023/2052)
GRACE REMOVALS ENTERPRISE AGREEMENT, NORTHERN REGION 2022-2026
| Road transport industry | |
| COMMISSIONER SPENCER | BRISBANE, 24 JULY 2023 |
Application for approval of the Grace Removals Enterprise Agreement, Northern Region 2022-2026.
An application has been made for approval of an enterprise agreement known as the Grace Removals Enterprise Agreement, Northern Region 2022-2026 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Grace Removals (Australia) Pty Ltd T/A Grace Removals (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has agreed to have the following National Employment Standards Precedence clause inserted into the agreement:
“The National Employment Standards (NES) contained in the Fair Work Act apply to all employees covered by the Agreement. Should any term of this Agreement be detrimental to any employee in relation to the National Employment Standards, that term of the Agreement shall be replaced by the National Employment Standards to the extent of the inconsistency.”
That clause is taken to be a term of the agreement.
Subject to matters that have been addressed by way of the above clause, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Transport Workers’ Union (TWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the TWU.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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