DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Automotive Services Pty Ltd T/A RAC Auto Services
(AG2016/5015)

RAC AUTO SERVICES ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the RAC Auto Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RAC Auto Services Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of RAC Automotive Services Pty Ltd, trading as RAC Auto Services, the Fair Work Commission was presented with an application for the approval of the RAC Auto Services Enterprise Agreement 2016. The applicant, RAC Automotive Services Pty Ltd, sought to have the agreement certified as a registered enterprise agreement under the Fair Work Act 2009. The application arose out of negotiations between the employer and a group of employees represented by the Automotive, Metals and Engineering Employees Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement had been genuinely negotiated and if it contained the minimum terms and conditions prescribed by the Act. Additionally, the Commission needed to consider whether the agreement provided for a proper process for resolving disputes between the parties.

The Fair Work Commission found that the RAC Auto Services Enterprise Agreement 2016 had been genuinely negotiated and contained all the mandatory minimum terms and conditions as required by the Act. The Commission also noted that the agreement included provisions for the resolution of disputes, which were consistent with the legislative requirements. Consequently, the Commission approved the application and registered the agreement as a registered enterprise agreement under the Fair Work Act 2009. The employer and the union's representatives were directed to lodge the agreement with the Commission within the stipulated timeframe.

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