DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Removals Group
(AG2015/5575)

GRACE REMOVALS GROUP (WA OPERATIONS) AGREEMENT 2014 - 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Grace Removals Group (WA Operations) Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group (WA Operations) Agreement 2014 - 2017 (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 Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved Grace Removals Group, which sought approval for an agreement relating to its Western Australian operations from 2014 to 2017. The application was made to the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the requirements for registration under the Fair Work Act. This involved scrutiny of the agreement's compliance with various provisions, including those concerning minimum entitlements, the process for its approval, and whether it would have a detrimental effect on employees' conditions.

The Commission examined whether the agreement provided employees with entitlements no less favourable than the relevant award or registered agreement. It also assessed if the agreement was made in good faith and if it adhered to the procedural requirements for approval. Additionally, the Commission had to consider if the agreement would have an adverse impact on employees' overall conditions of employment. In reaching its decision, the Commission took into account submissions from both the employer and the employees, as well as relevant legal principles and precedents.

After reviewing the evidence and arguments presented, the Commission found that the agreement was in compliance with the statutory requirements. It was concluded that the agreement provided employees with no less favourable conditions than the applicable award and that it had been made in good faith. The procedural requirements for approval were also met, and there was no evidence to suggest that the agreement would negatively affect employees' overall conditions. Consequently, the Commission approved the Grace Removals Group (WA Operations) Agreement 2014 - 2017, allowing it to be registered and enforced under the Fair Work Act.

Grace Removals Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established