DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Roads and Motorists’ Association Limited T/A NRMA
(AG2019/5128)

NRMA TOW TRUCK DRIVERS ENTERPRISE AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT CROSS	SYDNEY, 19 FEBRUARY 2020

Application for approval of the NRMA Tow Truck Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NRMA Tow Truck Drivers Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the National Roads and Motorists’ Association Limited, trading as NRMA, which sought approval for the NRMA Tow Truck Drivers Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a lawful enterprise agreement. The dispute centred around various provisions of the agreement, including those relating to remuneration, working hours, and dispute resolution mechanisms.

The legal issues the court had to address included whether the agreement had been made in good faith, whether it complied with the requirements of the Fair Work Act, and if it provided for the resolution of disputes in a fair and efficient manner. Additionally, the court examined whether the agreement appropriately balanced the interests of the employees and the employer.

The Fair Work Commission found that the agreement was made in good faith and complied with the statutory requirements of the Fair Work Act. The commission noted that the agreement provided for a fair and efficient dispute resolution mechanism and appropriately balanced the interests of both parties. Consequently, the court approved the NRMA Tow Truck Drivers Enterprise Agreement 2019, certifying it as a lawful enterprise agreement. This decision allowed the terms and conditions outlined in the agreement to be legally binding on the parties involved.

National Roads and Motorists’ Association Limited T/A NRMA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established