DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2014/10288)

GRACE REMOVALS GROUP AND TWU VIC/TAS ENTERPRISE AGREEMENT 2014/2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 JANUARY 2015

Application for approval of the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (TWU). The agreement is a single-enterprise agreement.

[2] On 5 January 2015 an undertaking was provided by Mr S Korcz, Regional General Manager of Grace Removals Group (the Company), in relation to clause 6 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Commission notes the Company’s statement that it does not employ shift workers and that no employee performs shift work as defined for the purposes of the National Employment Standards in the relevant modern award.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Transport Workers’ Union of Australia and the Grace Removals Group were before the Fair Work Commission in an application for the approval of an enterprise agreement. The union sought to have the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017 approved by the Commission. The union argued that the agreement contained appropriate terms and conditions for the employees of the Grace Removals Group, and that the agreement was fairly negotiated.

The legal issues before the Commission were whether the agreement was appropriately negotiated and whether it contained the appropriate terms and conditions for the employees of the Grace Removals Group. The Commission had to consider whether the agreement was made in accordance with the Fair Work Act 2009 and whether the agreement met the ‘better off overall test’ as set out in the Act.

The Commission found that the agreement was appropriately negotiated and contained appropriate terms and conditions for the employees of the Grace Removals Group. The Commission found that the union had provided evidence that the agreement was fairly negotiated and that the employees had been given an opportunity to review and discuss the agreement. The Commission also found that the agreement met the better off overall test and that the employees would be better off with the agreement than without it.

The Fair Work Commission approved the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017. The agreement was registered on the registers kept by the Commission and would be in force until the end of the agreement period or until it was terminated or varied by the Commission. The agreement would provide appropriate terms and conditions for the employees of the Grace Removals Group and would be fairly negotiated.

Transport Workers’ Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established