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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grace Worldwide (Australia) Pty Ltd, trading as Grace Removals Group, applied to the Fair Work Commission for approval of the Grace Removals Enterprise Agreement - Adelaide 2018 - 2021. The applicant and the respondents, the Retail and Fast Food Workers Union of Australia and the Australian Workers’ Union, are parties to the agreement. The matter involved the approval of the agreement under section 231 of the Fair Work Act 2009, following a determination by the Commission that the agreement had been made in accordance with the requirements of the Act.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly sections 227 and 230. The key issues were whether the agreement was in the best interests of the employees, whether it contained the minimum entitlements prescribed by the National Employment Standards, and whether it was made in good faith. The Commission also needed to consider whether the agreement provided for the fair resolution of workplace issues and promoted high levels of productivity.

The Fair Work Commission found that the agreement met the statutory requirements. The Commission noted that the agreement was made in good faith and contained all the minimum entitlements prescribed by the National Employment Standards. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including provisions for the resolution of workplace issues. The Commission also found that the agreement promoted high levels of productivity and was consistent with the principles of the Fair Work Act. Therefore, the Commission approved the Grace Removals Enterprise Agreement - Adelaide 2018 - 2021.

The Fair Work Commission approved the Grace Removals Enterprise Agreement - Adelaide 2018 - 2021, effective from 1 July 2018, for a period of three years until 30 June 2021. The approval was based on the findings that the agreement met all the statutory requirements and was in the best interests of the employees. The agreement was also found to promote high levels of productivity and provided for the fair resolution of workplace issues. The approval was made under section 231 of the Fair Work Act 2009.

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

DECISION

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Legal Principle Established