GRACE RECORDS MANAGEMENT ENTERPRISE AGREEMENT (VIC, SA, QLD, WA, TAS, NT, ACT) 2025-2029

Application for approval of the Grace Records Management Enterprise Agreement (VIC, SA, QLD, WA, TAS, NT, ACT) 2025-2029

[1] Grace Records Management (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grace Records Management Enterprise Agreement (VIC, SA, QLD, WA, TAS, NT, ACT) 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Road Transport and Distribution Award 2020 (the Award).

[3] The Employer provided an amended Agreement which removed the last line in the redundancy pay table appearing at clause 31(i) which provides, '10 years and over - 12 weeks' pay' to address the inconsistency with the provisions of clause 31(ii) which sets out the entitlement for employees with 10 years or more of service. The Employer submitted that the proposed amendment removes the inconsistency and reflects the agreed position between the Employer and the TWU. The TWU confirmed that it consents to the amendment.

[4] I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Definition of a Shiftworker for the Purpose of the National Employment Standards (NES)

[5] The Agreement does not provide a definition of shiftworker for the purposes of the NES as required by s.196 of the Act.

[6] The Commission raised the following issues with the Employer as to whether some aspects of the Agreement are inconsistent with the NES:

1. Clause 22 provides 4 weeks of annual leave for full-time employees or pro-rata for part time employees. However, it is silent on the extra week of leave for shiftworkers, contrary to s.87(1)(b)(ii) of the Act which provides that for each year of service, an employee is entitled to 5 weeks of paid annual leave if an Agreement applies to the employee and defines or describes the employee as a shiftworker for the purposes of the NES.

2. Clause 15 provides that: 'By agreement between the Employer and the majority of Employees in the workplace or part of the workplace concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days'. This is inconsistent with s.115(4) of the Act which provides the agreement is to be made between the Employer and the individual employee.

[7] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the Award:

1. Clause 9.3 provides for part-time employment but appears to be silent on the minimum hours of engagement, contrary to clause 10 of the Award which provides for a minimum engagement of 4 hours.

2. Clause 17 appears to provide that shiftwork means work extending for at least 2 weeks, however, is silent on the entitlement to non-successive shift penalties for shift work that does not continue for at least 5 consecutive afternoons or nights, as provided in clause 22.10 of the Award (150% for the first 3 hours and 200% thereafter). It appears that employees may still receive the shift penalties of 17.5% or 30% for afternoon and night shifts, respectively. This may affect employees who regularly work non-continuous shiftwork.

[8] The Employer provided written undertakings and submissions to address the above NES and BOOT issues. A copy of the undertakings is attached in Appendix 2 of the Agreement. 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.

[9] 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.

[10] The Transport Workers' Union of Australia (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.

[11] In accordance with s.201(2), I note that the Agreement covers the TWU.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2025 which is the commencement of the first full working week, 7 days after approval. The nominal expiry date of the Agreement is 30 June 2029.

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