NRMA Ltd T/A NRMA Summary

[2024] FWCA 3529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NRMA Ltd T/A NRMA

(AG2024/3363)

NRMA CONTACT CENTRE & SERVICE COORDINATION ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 OCTOBER 2024

Application for approval of the NRMA Contact Centre & Service Coordination Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the NRMA Contact Centre & Service Coordination Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NRMA Ltd T/A NRMA (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 4 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Services Union (USU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Clerks Private Sector Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 15 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NRMA Limited, trading as NRMA, applied for approval of the NRMA Contact Centre & Service Coordination Enterprise Agreement 2024. The application was made to the Fair Work Commission. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for the employees covered by it, in line with the Fair Work Act 2009. The Commission was tasked with determining if the agreement was appropriately structured, offered adequate protections, and complied with relevant legislation.

The legal issues before the Commission included the adequacy of the proposed terms and conditions, whether the agreement complied with the procedural requirements of the Fair Work Act, and if the agreement was consistent with the objectives of the Act, including ensuring fair and reasonable terms for employees. The Commission examined the provisions of the agreement, submissions from both NRMA and the relevant union, and any other relevant considerations to assess if the agreement met the statutory criteria for approval.

The Commission found that the proposed agreement met the criteria for approval. It was determined that the agreement provided fair and reasonable terms for the employees, was consistent with the Fair Work Act, and complied with the procedural requirements. The Commission noted that the agreement included provisions for wages, leave entitlements, and other conditions of employment that were in line with industry standards and practices. Additionally, the agreement included mechanisms for resolving disputes and ensuring that employees' rights were protected.

The Fair Work Commission approved the NRMA Contact Centre & Service Coordination Enterprise Agreement 2024. The Commission certified the agreement as meeting the requirements of the Fair Work Act, effective from the date specified in the agreement. The approval ensures that the terms and conditions of employment for the covered employees are regulated by the agreement, providing a framework for fair and reasonable workplace relations.

NRMA Ltd T/A NRMA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established