DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Roads and Motorists' Association T/A NRMA Motoring & Services
(AG2019/1226)

NRMA CONTACT CENTRE ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 3 JULY 2019

Application for approval of the NRMA Contact Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NRMA Contact Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Roads and Motorists’ Association T/A NRMA Motoring & Services. The Agreement is a single enterprise agreement.

[2] The Employer 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 Australian Municipal, Administrative, Clerical and Services Union 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 10 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Roads and Motorists' Association, trading as NRMA Motoring & Services, applied to the Fair Work Commission for approval of the NRMA Contact Centre Enterprise Agreement 2018. The application was contested by the Australian Services Union. The dispute centred around the terms of the proposed agreement, particularly those concerning employee entitlements and the implementation of a new rostering system. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the provision of minimum entitlements and the fairness of the rostering system. The Commission also had to consider whether the agreement met the statutory requirement of being "better off overall" for the employees. Furthermore, the Commission needed to assess whether the agreement contained appropriate mechanisms for resolving disputes between the parties.

In delivering its decision, the Commission examined the terms of the agreement in detail. It found that the proposed agreement provided for minimum entitlements that were compliant with the statutory requirements. The Commission was satisfied that the rostering system did not unfairly disadvantage employees and was, in fact, more flexible and beneficial than the previous system. The Commission concluded that the agreement was fair and met the "better off overall" test. Consequently, the application for approval was successful. The Commission certified the agreement as meeting the necessary legal standards and it came into effect as per the terms outlined in the application.

National Roads and Motorists' Association T/A NRMA Motoring & Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established