DECISION

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

Grace Worldwide (Australia) Pty Ltd T/A Grace Removals Group
(AG2016/2794)

GRACE REMOVALS GROUP DOMESTIC MOVING AND BUSINESS MOVING DIVISION - ADELAIDE BRANCH AND TRANSPORT WORKERS' UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Road transport industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2016

Application for approval of the Grace Removals Group Domestic Moving and Business Moving Division - Adelaide Branch and Transport Workers' Union of Australia Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group Domestic Moving and Business Moving Division - Adelaide Branch and Transport Workers' Union of Australia Enterprise Agreement 2015 - 2018 (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 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] 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.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2016. The nominal expiry date of the Agreement is 1 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Grace Worldwide (Australia) Pty Ltd, trading as Grace Removals Group, and the Transport Workers' Union of Australia. The dispute arose concerning the application for approval of the Grace Removals Group Domestic Moving and Business Moving Division - Adelaide Branch and Transport Workers' Union of Australia Enterprise Agreement 2015 - 2018. The application was heard by the Fair Work Commission.

The central legal issue before the court was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the criteria for being a "better off overall test" and if it included all the mandated minimum terms and conditions as stipulated by the Act. Additionally, the court had to assess whether the agreement was made in good faith and if it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed enterprise agreement did comply with the statutory requirements. It met the better off overall test, ensuring that the employees were no worse off and at least some were better off financially. The agreement also incorporated all the mandated minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and represented a fair balance of interests between the parties. Consequently, the Commission approved the enterprise agreement, allowing it to take effect as per the terms outlined.

The Fair Work Commission approved the Grace Removals Group Domestic Moving and Business Moving Division - Adelaide Branch and Transport Workers' Union of Australia Enterprise Agreement 2015 - 2018. The agreement was to be registered and would apply to the specified employees from the agreed date. The decision provided clarity on the terms of employment and industrial relations within the Grace Removals Group for the duration of the agreement.

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