DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Automotive Services Pty Ltd T/A RAC Auto Services
(AG2019/1639)

RAC AUTO SERVICES ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER WILLIAMS	PERTH, 7 JUNE 2019

Application for approval of the RAC Auto Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAC Auto Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RAC Automotive Services Pty Ltd T/A RAC Auto Services. The Agreement is a single enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RAC Automotive Services Pty Ltd, trading as RAC Auto Services, applied for approval of the RAC Auto Services Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly in relation to its coverage, the classification of employees, and the terms and conditions of employment.

The legal issues before the Commission included whether the agreement was made in good faith, whether it covered all relevant employees, and whether it complied with the provisions of the Fair Work Act concerning minimum rates of pay, penalty rates, and other conditions. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and whether it was consistent with the objectives of the Act.

The Commission found that the application met the statutory requirements. It held that the agreement was made in good faith, covered all relevant employees, and provided fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement complied with the Act and provided appropriate protections for employees. As such, the application for approval was successful.

The Commission approved the RAC Auto Services Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

RAC Automotive Services Pty Ltd T/A RAC Auto Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established