Application by RACQ Operations Pty Ltd T/A RACQ

[2022] FWCA 3581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by RACQ Operations Pty Ltd T/A RACQ

(AG2022/4194)

RACQ Group Enterprise Agreement 2022 – 2025

Banking finance and insurance industry
COMMISSIONER HUNT	BRISBANE, 13 OCTOBER 2022

Application for approval of the RACQ Group Enterprise Agreement 2022 – 2025

RACQ Operations Pty Ltd T/A RACQ (the Employer) has applied for approval of an enterprise agreement known as the RACQ Group Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Financial Sector Union of Australia (FSU) 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 the FSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by RACQ Operations Pty Ltd trading as RACQ before the Fair Work Commission. RACQ sought approval of the RACQ Group Enterprise Agreement 2022 – 2025, which had been negotiated with employee representatives. The dispute centred on the terms of the proposed enterprise agreement, including issues such as wages, conditions, and other employment-related matters.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including being in the best interests of the employees, and whether the agreement had been genuinely negotiated. The Commission needed to consider submissions from both RACQ and the employee representatives, as well as the broader public interest and any relevant industrial or economic factors.

The Fair Work Commission determined that the proposed enterprise agreement complied with the statutory requirements. The Commission found that the agreement had been genuinely negotiated and was in the best interests of the employees. It noted the comprehensive nature of the negotiations, the fairness of the terms proposed, and the benefits provided to employees. The Commission also took into account the broader economic context and the need for flexibility in the agreement to accommodate future changes.

The Fair Work Commission approved the RACQ Group Enterprise Agreement 2022 – 2025. The agreement was deemed to be fair and reasonable, and it was approved as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to be implemented, providing a framework for the employment relationship between RACQ and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established