NRMA Limited

[2023] FWCA 2771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NRMA Limited

(AG2023/2818)

NRMA TOW TRUCK DRIVERS ENTERPRISE AGREEMENT 2023

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 30 AUGUST 2023

Application for approval of the NRMA Tow Truck Drivers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the NRMA Tow Truck Drivers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRMA Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that the Agreement makes not direct reference to parental leave, community service leave and family and domestic violence leave which is inconsistent with the National Employment Standards (NES). However, noting clause 29 of the Agreement, I am satisfied that the leave entitlements specified in the NES will apply.

The Agreement is approved and in accordance with s.54, will operate from 6 September 2023. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NRMA Limited applied to the Fair Work Commission for approval of the NRMA Tow Truck Drivers Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement should be approved and registered as a single-interest enterprise agreement. The dispute centred on whether the agreement met the requirements of the Act and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether the bargaining process was conducted fairly and in good faith, and whether the agreement provided for a fair and reasonable outcome for the employees. The Commission had to examine the agreement to ensure it complied with the relevant provisions of the Act, including the procedural fairness requirements and the substantive fairness provisions. The Commission also had to consider the evidence presented by both parties and make a determination based on the merits of the case.

After considering the evidence and submissions, the Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The Commission was satisfied that the bargaining process was fair and that the agreement provided for a fair and reasonable outcome for the employees. The Commission approved and registered the agreement as a single-interest enterprise agreement. The decision provides guidance on the requirements for approving enterprise agreements and the importance of ensuring that the bargaining process is conducted fairly and in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established