Grace Worldwide (Australia) Pty Limited

[2022] FWCA 1020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Limited

(AG2022/460)

Grace Removals Group Enterprise Agreement 2020-2023 (WA)

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 23 MARCH 2022

Application for approval of the Grace Removals Group Enterprise Agreement 2020-2023 (WA).

An application has been made for approval of an enterprise agreement known as the Grace Removals Group Enterprise Agreement 2020-2023 (WA) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grace Worldwide (Australia) Pty Limited. The Agreement is a single-enterprise agreement.

This application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Grace Worldwide (Australia) Pty Limited, the Fair Work Commission was called upon to determine the merits of the Grace Removals Group Enterprise Agreement 2020-2023 in Western Australia. The dispute arose from an application for the approval of the proposed enterprise agreement by Grace Worldwide (Australia) Pty Limited, an entity engaged in the removal and storage industry, against the objections raised by the Transport Workers Union of Australia. The legal issues central to this case revolved around the compliance of the enterprise agreement with the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was negotiated and the fairness of its terms.

The court was tasked with examining whether the agreement had been made in good faith and whether it met the criteria for fair and reasonable terms as stipulated by the Fair Work Act. A significant focus of the deliberation was on whether the negotiation process was conducted appropriately, given the union's claims that certain aspects of the agreement did not adequately reflect the needs of the employees. The court also had to consider if the agreement provided for the proper terms and conditions for the employees, including pay, hours of work, and other employment-related matters.

In its decision, the Fair Work Commission found that the enterprise agreement was made in good faith and that the negotiation process complied with the necessary statutory requirements. The court held that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. It was determined that the agreement provided adequate protections and benefits for the employees, and that the union's objections did not sufficiently undermine the overall fairness of the agreement. Consequently, the court approved the Grace Removals Group Enterprise Agreement 2020-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established