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

[2019] FWCA 7392

[2019] FWCA 7392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals Group
(AG2019/3464)

GRACE REMOVALS ENTERPRISE AGREEMENT - ADELAIDE 2018 - 2021

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2019

Application for approval of the Grace Removals Enterprise Agreement - Adelaide 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Enterprise Agreement - Adelaide 2018 - 2021 (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 Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Paragraph [1] of the Notice of Representational Rights (Notice) provides an Agreement title that is different to the actual Agreement lodged, as the title on the Notice did not include the words “Adelaide Branch”. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The Transport Workers Union (TWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2018] FWCFB 245

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