DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals Group
(AG2018/3039)

GRACE REMOVALS GROUP ENTERPRISE AGREEMENT 2017 - 2020

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 OCTOBER 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 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 October 2018 and, in accordance with s.54, will operate from 2 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Grace Worldwide (Australia) Pty Ltd T/A Grace Removals Group involved the application for the approval of the Grace Removals Group Enterprise Agreement 2017 - 2020. The applicant, Grace Removals Group, sought the approval from the Fair Work Commission (FWC) to ensure the agreement was in line with the Fair Work Act 2009. The dispute arose from the negotiation process and the content of the proposed agreement, which was meant to cover employees within the removals industry.

The primary legal issues before the FWC were whether the proposed agreement met the statutory requirements under the Fair Work Act and if it was negotiated in good faith. This involved scrutinising the procedural fairness of the negotiation process and examining the substantive fairness of the agreement's terms. The FWC had to determine if the agreement covered all necessary aspects, including minimum wages and conditions, and if it adhered to the principles of procedural and substantive fairness.

In its decision, the FWC conducted a detailed analysis of the negotiation process and the content of the agreement. The FWC found that while the negotiation process had some procedural shortcomings, the overall process was in good faith. The FWC also determined that the agreement contained terms that were fair and reasonable, considering the industry context and the parties' bargaining positions. The FWC concluded that the agreement met the statutory requirements and approved it, ensuring it would be legally binding for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established