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

[2014] FWCA 6476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals
(AG2014/8885)

GRACE REMOVALS GROUP AND TWU ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Grace Removals Group and TWU Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group and TWU Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Grace Worldwide (Australia) Pty Ltd T/A Grace Removals (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 11 September 2014 undertakings were provided by Mr S Goodall, General Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Grace Worldwide (Australia) Pty Ltd, trading as Grace Removals, the applicant sought the approval of a proposed enterprise agreement with the Transport Workers Union. The dispute was brought before the Fair Work Commission, the body responsible for regulating and enforcing workplace agreements in Australia. The applicant, Grace Removals, sought to implement the Grace Removals Group and TWU Enterprise Agreement 2014-2017, which contained various terms and conditions affecting the employment of its workers.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees, whether it contained all the required minimum terms and conditions, and whether it was free from any unfair provisions. The applicant argued that the agreement was fair, reasonable, and in the best interests of the employees, while the union contended that the agreement did not adequately address certain issues, such as the provision of paid meal breaks.

The Commission found that the agreement met the statutory requirements for approval. It determined that the agreement contained all the required minimum terms and conditions and was in the best interests of the employees. The Commission also found that the agreement was not unfair, despite some concerns raised by the union. The Commission took into account the specific circumstances of the Grace Removals business, including its reliance on casual employees and the nature of the work performed. The Commission concluded that the agreement was appropriate and reasonable in the context of the applicant's business and the bargaining position of the parties.

In approving the proposed agreement, the Commission issued an order approving the Grace Removals Group and TWU Enterprise Agreement 2014-2017. The agreement is now binding on all parties and will govern the employment of workers within the Grace Removals Group for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established