Grace Worldwide (Australia) Pty Limited T/A Grace Worldwide (Australia) Pty Ltd

[2022] FWCA 4393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Limited T/A Grace Worldwide (Australia) Pty Ltd

(AG2022/5105)

Grace Removals Group Victoria Enterprise Agreement 2022-2025

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 13 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Grace Removals Group Victoria 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 Worldwide (Australia) Pty Limited T/A Grace Worldwide (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Grace Worldwide (Australia) Pty Limited, trading as Grace Worldwide (Australia) Pty Ltd, which applied for approval of the Grace Removals Group Victoria Enterprise Agreement 2022-2025. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement provided fair terms and conditions of employment and whether it was certified by an independent certifier as meeting the requirements for registration. The Commission also needed to consider whether the agreement was consistent with the provisions of the Fair Work Act, including provisions regarding the protection of employees' rights.

The Fair Work Commission found that the proposed agreement was consistent with the Fair Work Act. The Commission determined that the agreement contained fair terms and conditions of employment and was certified by an independent certifier. The Commission also found that the agreement was consistent with the provisions of the Fair Work Act, including provisions regarding the protection of employees' rights. Therefore, the Commission approved the Grace Removals Group Victoria Enterprise Agreement 2022-2025.

The Fair Work Commission approved the Grace Removals Group Victoria Enterprise Agreement 2022-2025, finding that it complied with the relevant provisions of the Fair Work Act. The Commission's decision was based on the agreement's provision of fair terms and conditions of employment, independent certification, and consistency with the provisions of the Fair Work Act, including provisions regarding the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established