RAC Distribution Pty Ltd T/A RAC Sales and Member Service

[2019] FWCA 4059

[2019] FWCA 4059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Distribution Pty Ltd T/A RAC Sales and Member Service
(AG2019/1391)

RAC SALES AND MEMBER SERVICE ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER PLATT	ADELAIDE, 12 JUNE 2019

Application for approval of the RAC Sales and Member Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAC Sales and Member Service Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RAC Distribution Pty Ltd (RAC). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 June 2019. The undertaking deals with the following topics:

•  RAC will not engage shift workers (as defined in clause 24.2 of the Banking, Finance and Insurance Award 2010 (the Award)) for the nominal life of the Agreement.

•  The wage table contained in clause 13.1 of the Agreement shall operate from the first full pay period in July 2019 or the first full pay period after the Agreement has been approved, whichever is the earlier.

•  Despite clause 12.4 of the Agreement, overtime will be payable on all hours worked in excess of an employee’s rostered working hours.

•  Overtime at the rates contained in clause 12.2 (a) or 12.4(b) of the Agreement will be paid where rostered working hours fall outside the ordinary hours which are 150 hours in a four week cycle, 10 hours in a day or outside of 7:00am to 10:30pm Monday to Friday.

•  Employees engaged in Classification A who are covered by the Award and classified as Level 2 – a minimum gross salary of $49,000 per annum.

•  RAC will ensure that in each pay cycle persons engaged in Classification A will receive not less than 2% greater than the amount they would have received had the Award applied.

•  Part-time employees will be paid overtime where more than 38 hours per week are worked, or work is performed outside the agreed rostered hours.

•  In the event that an employee is directed to work in a manner which triggers an entitlement to an allowance as provided by clauses 18.2 and/or 18.3 of the Award, and that entitlement is not contained in the Agreement, RAC will pay the allowance in accordance with the Award.

•  The allowance in clause 19.2(b)(ii) of the Agreement will be $0.80 per kilometre.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 June 2021.

COMMISSIONER

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