DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRMA Limited
(AG2018/2902)

NRMA PATROL ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 2 OCTOBER 2018

Application for approval of the NRMA Patrol Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NRMA Patrol 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 NRMA Limited. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 9 October 2018. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NRMA Limited applied for approval of the NRMA Patrol Enterprise Agreement 2018 before the Fair Work Commission. The application was made in the context of the Fair Work Act 2009, and the dispute centred on whether the agreement met the criteria for approval as a new enterprise agreement. The NRMA Patrol, a division of NRMA, argued that the agreement was fair and reasonable, while the union representing the employees contested certain provisions.

The legal issues before the Commission included whether the agreement met the requirements under section 230 of the Act, including that it was a genuine agreement reached through a proper bargaining process. The Commission had to determine if the agreement contained the minimum terms and conditions as required by section 235 of the Act, and whether the agreement was procedurally sound and fair in its terms and conditions.

The Fair Work Commission found that the agreement was genuine and had been reached through a proper bargaining process. It held that the agreement contained all the minimum terms and conditions mandated by section 235 and that the process leading to the agreement was procedurally fair. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, considering the economic circumstances and the needs of the parties involved. The Commission approved the NRMA Patrol Enterprise Agreement 2018, finding it to be compliant with all statutory requirements.

NRMA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established