DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals
(AG2016/5944)

GRACE REMOVALS GROUP NORTHERN REGION ENTERPRISE AGREEMENT 2016-2019

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 8 FEBRUARY 2017

Application for approval of the Grace Removals Group Northern Region Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group Northern Region Enterprise Agreement 2016-2019 (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 T/A Grace Removals. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to the Agreement in relation to shift work, annual leave loading and part-time employee. The undertaking has been signed by the employer. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] 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, as well as the requirements of BOOT. 1

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 15 February 2017. The nominal expiry date of the Agreement is 26 June 2019.

COMMISSIONER

1 Beechworth Bakery Employee Co Pty Ltd Enterprise Agreement 2016 [2016] FWCA 8862

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grace Worldwide (Australia) Pty Ltd, trading as Grace Removals, applied to the Fair Work Commission for approval of the Grace Removals Group Northern Region Enterprise Agreement 2016-2019. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including whether it provided for the lawful, fair and reasonable terms of employment.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it provided for the lawful terms of employment, and whether it was fair and reasonable. The Commission also considered whether the agreement provided for the proper application of the National Employment Standards and other conditions of employment. The applicant argued that the agreement was a genuine attempt to reach an agreement that would be acceptable to both parties, and that it met the requirements of the Act.

The Fair Work Commission found that the agreement was made in good faith and provided for the lawful, fair and reasonable terms of employment. The Commission also found that the agreement provided for the proper application of the National Employment Standards and other conditions of employment. The Commission approved the agreement, noting that it contained provisions that were fair and reasonable, and that it met the requirements of the Act. The Commission also noted that the agreement contained provisions that went beyond the minimum standards set out in the Act, and that this was a positive aspect of the agreement.

The Fair Work Commission approved the Grace Removals Group Northern Region Enterprise Agreement 2016-2019. The Commission found that the agreement was made in good faith, provided for the lawful, fair and reasonable terms of employment, and met the requirements of the Act. The Commission also noted that the agreement contained provisions that went beyond the minimum standards set out in the Act, and that this was a positive aspect of the agreement.

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