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[2014] FWCA 3025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRMA Limited
(AG2014/5634)

NRMA PATROL ENTERPRISE AGREEMENT 2014

Vehicle industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 7 MAY 2014

Application for approval of the NRMA Patrol Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NRMA Patrol Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by NRMA Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 28 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NRMA Limited applied for the approval of the NRMA Patrol Enterprise Agreement 2014, which governs the terms and conditions of employment for its patrol officers. The application was heard in the Fair Work Commission, where the central issue was whether the agreement met the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient system for resolving disputes between employees and the employer, and whether it was free from any invalid provisions.

The court examined the processes outlined in the agreement for resolving workplace disputes, including the establishment of a mediation and conciliation process, and the availability of external dispute resolution mechanisms. The Commission also assessed the agreement against the Fair Work Act's provisions to ensure that it did not contain any terms that would undermine the rights of employees or the employer. The court found that the agreement provided for an efficient and fair system for resolving disputes and was free from invalid provisions.

Consequently, the Fair Work Commission approved the NRMA Patrol Enterprise Agreement 2014. The approval was based on the finding that the agreement met the statutory requirements and provided for a fair and efficient system for resolving workplace disputes. The court's decision affirmed the agreement's validity and enabled its implementation for the patrol officers employed by NRMA Limited.

NRMA Limited

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