NRMA Limited T/A NRMA Motoring & Services
[2024] FWC 2038
•5 AUGUST 2024
| [2024] FWC 2038 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees
NRMA Limited T/A NRMA Motoring & Services
(AG2024/2572)
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 5 AUGUST 2024 |
S.318 - Application for an order relating to instruments covering new employer and transferring employees
NRMA Limited T/A NRMA Motoring & Services (Applicant/NRMA) has made an application pursuant to s.318 of the Fair Work Act 2009 (Act) for an order that the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2023 (Club Assist Agreement) does not cover the Applicant and any employees who transfer their employment from Club Assist Pty Ltd (Club Assist) to NRMA (Transferring Employees). The Applicant will be the new employer of relevant Transferring Employees.
The Applicant also seeks an order that the enterprise agreement that currently covers and applies to its relevant existing employees, the NRMA Patrol Enterprise Agreement 2022, does, and will, cover any Transferring Employees.
In determining whether or not to make the orders sought by the Applicant, and in taking into account each of the matters set out in s.318(3) of the Act, I have relied upon the grounds set out in the Form F40 filed in this matter on 10 July 2024. Specifically, I note that relevant Transferring Employees will not be disadvantaged overall (in their terms and conditions of employment) if the orders sought are made. Further, the Agreement is likely to have a negative impact upon the productivity of the Applicant’s workplace, and there is a lack of business synergy between the Agreement and the work performed by the Applicant and Transferring Employees. I consider that the orders sought by the Applicant are in the public interest as they will allow all of the Applicant’s employees (including Transferring Employees) to all be employed on consistent terms and conditions, promoting a harmonious, cohesive and productive workplace. Transferring Employees have indicated their support for the orders being made.
The Australian Manufacturing Workers’ Union is an employee organisation covered under both enterprise agreements, and has advised the Commission it does not oppose the orders sought by the Applicant.
Taking into account the matters set out in s.318(3) of the Act, on an individual and collective basis, I note that none of the criteria weigh against the making of the orders sought. I have therefore determined to exercise my discretion to make the orders sought by the Applicant pursuant to s.318(1) of the Act. Orders in this regard will be issued contemporaneously with this decision.
DEPUTY PRESIDENT
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