Grace Removals (Australia) Pty Ltd T/A Grace Removals (Australia) Pty Ltd

[2023] FWCA 1383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grace Removals (Australia) Pty Ltd T/A Grace Removals (Australia) Pty Ltd

(AG2023/1071)

GRACE REMOVALS GROUP ADELAIDE ENTERPRISE AGREEMENT 2022-2025

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 17 MAY 2023

Application for approval of the Grace Removals Group Adelaide Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Grace Removals Group Adelaide Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.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 provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grace Removals (Australia) Pty Ltd, trading as Grace Removals, applied for approval of the Grace Removals Group Adelaide Enterprise Agreement 2022-2025. The application was heard by the Fair Work Commission (FWC). The dispute centred around the terms and conditions of the proposed agreement, which was to govern the employment relationship between Grace Removals and its employees in the Adelaide area over the next three years. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved.

The primary legal issue before the FWC was whether the proposed agreement complied with the statutory requirements for an enterprise agreement. This included assessing whether the agreement met the procedural fairness requirements, provided for the direct determination of terms and conditions of employment, and did not discriminate against any class of employees. Additionally, the FWC needed to determine whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

The FWC examined the application in light of the statutory requirements and found that the proposed agreement was procedurally sound and met the necessary criteria. The FWC noted that the agreement was the result of genuine bargaining between the employer and the employees' representatives and that it provided for the direct determination of terms and conditions of employment. Furthermore, the FWC concluded that the agreement did not contain any terms that were contrary to public policy or unenforceable. Based on these findings, the FWC approved the Grace Removals Group Adelaide Enterprise Agreement 2022-2025.

The FWC's decision to approve the agreement was based on its satisfaction that the proposed terms and conditions were fair and reasonable, and that the agreement had been negotiated in good faith. The FWC determined that the agreement would provide stability and predictability for both the employer and the employees, and that it would not have an adverse impact on the broader labour market. Consequently, the FWC approved the agreement, which is now legally binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established