DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grace Worldwide Pty Ltd T/A Grace Removals Group
(AG2018/429)

GRACE REMOVALS ENTERPRISE AGREEMENT 2017-2020

Road transport industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Grace Removals Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals 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 Pty Ltd T/A Grace Removals Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Grace Worldwide Pty Ltd, trading as Grace Removals Group, sought approval of an Enterprise Agreement. The application involved the proposed Grace Removals Enterprise Agreement 2017-2020, which was submitted to the Commission for assessment and approval under the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia, who raised concerns regarding various aspects of the proposed agreement.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant statutory provisions and whether it met the 'better off overall test'. Specifically, the Commission needed to determine if the agreement provided employees with terms and conditions that were no less favourable than those provided under the applicable awards and if it included appropriate mechanisms for dispute resolution and employee participation in the agreement's development.

The Commission found that the proposed agreement complied with the statutory requirements under the Fair Work Act. It was noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement met the 'better off overall test' as it provided for improved terms and conditions for certain employees compared to the applicable awards. The Commission also found that the agreement included appropriate mechanisms for dispute resolution and employee participation, as required by the Act. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Grace Removals Enterprise Agreement 2017-2020, subject to the terms and conditions outlined in the decision. The decision provides a detailed analysis of the agreement's provisions and the reasons for the Commission's approval, which will be of significant interest to the parties involved and other stakeholders in the removals industry.

Grace Worldwide 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