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[2013] FWCA 3054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NRMA Limited
(AG2013/6166)

NRMA CONTACT CENTRE ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2013

Application for approval of the NRMA Contact Centre Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe NRMA Contact Centre Enterprise Agreement 2012 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Municipal Administrative Clerical and Services Union New South Wales. United Services Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

NRMA Limited applied for approval of the NRMA Contact Centre Enterprise Agreement 2012. The applicant sought approval of the agreement from the Fair Work Commission, which was opposed by the Communication Workers Union. The matter was heard by the Full Bench of the Fair Work Commission, presided over by Deputy President Finn.

The key issue before the court was whether the agreement was in the interests of employees. The opposition argued that the agreement contained terms which were harsh, unreasonable and not in the interests of employees. The applicant argued that the agreement was in the interests of the employees as it provided for a pay rise and included provisions for flexible working arrangements. The court had to consider whether the agreement complied with the Fair Work Act and the Fair Work Regulations.

The court found that the agreement was in the interests of the employees as it provided for a pay rise and included provisions for flexible working arrangements. The court also found that the provisions which were challenged by the opposition were not harsh, unreasonable or not in the interests of employees. The court was satisfied that the agreement was fair and reasonable and was in the interests of the employees. The application for approval was therefore approved.

The Fair Work Commission approved the NRMA Contact Centre Enterprise Agreement 2012. The opposition's application to set aside the approval was dismissed with costs. The agreement was to be registered and would have effect from 1 April 2012.

NRMA Limited

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