DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals
(AG2018/586)

GRACE REMOVALS GROUP ENTERPRISE AGREEMENT 2017 - 2020

Road transport industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Grace Removals Group Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group Enterprise Agreement 2017 - 2020 (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 Ltd trading as Grace Removals. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Grace Removals Group Enterprise Agreement 2017-2020 between Grace Worldwide (Australia) Pty Ltd T/A Grace Removals and the Australian Hardware & Mechanical Employees' Union. The application arose under the Fair Work Act 2009, with the union arguing that the proposed agreement did not adequately protect employees' interests. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including the requirement that it be free from any discriminatory provisions and provide fair terms and conditions of employment.

The primary legal issues centred on whether the agreement contained provisions that were contrary to public policy or unfair, and if it met the standards for being a single, indivisible agreement. The union raised concerns about specific clauses related to employee entitlements, such as overtime and penalty rates, arguing that they were not sufficiently protective of employees' rights. The union also questioned whether the agreement adequately represented the workforce, given the potential for varied interpretations of the terms among different employee groups.

In examining the agreement, the Commission found that while some provisions could be considered harsh, they did not contravene public policy or render the agreement unfair. The Commission concluded that the agreement was a single, indivisible document that met the legal requirements for approval. The Commission emphasised the importance of the agreement's provisions being fair and reasonable, and while acknowledging the union's concerns, found that the overall balance of the agreement was acceptable. The Commission approved the Grace Removals Group Enterprise Agreement 2017-2020, subject to certain conditions that aimed to protect employee interests further.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established