DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Distribution Pty Ltd T/A RAC Sales and Member Service
(AG2016/5614)

RAC SALES AND MEMBER SERVICE ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the RAC Sales and Member Service Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RAC Sales and Member Service 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 Distribution Pty Ltd T/A RAC Sales and Member Service. 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 Finance Sector Union of Australia 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 16 November 2016. The nominal expiry date of the Agreement is 8 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved RAC Distribution Pty Ltd, trading as RAC Sales and Member Service, and its employees. The dispute centred around the application for approval of the RAC Sales and Member Service Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, where the Commission had to determine whether the agreement met the necessary legal standards for approval.

The primary legal issues revolved around whether the agreement was a genuinely negotiated, authentic, and complete enterprise agreement as required by the Fair Work Act 2009. The Commission had to assess if the agreement contained the mandated minimum terms and conditions, and whether the process of negotiation was genuine and not coerced. Additionally, the Commission examined if the agreement was in the best interest of the employees and the broader community.

The Fair Work Commission found that the RAC Sales and Member Service Enterprise Agreement 2016 met the criteria for approval. The Commission concluded that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. It also found that the process of negotiation was authentic and not influenced by any form of coercion. Furthermore, the Commission determined that the agreement was in the best interest of the employees and the community. Consequently, the application for approval was successful.

The Fair Work Commission approved the RAC Sales and Member Service Enterprise Agreement 2016, effective from the date of the decision. This decision ensures that the employees of RAC Distribution Pty Ltd, trading as RAC Sales and Member Service, are covered by the terms and conditions set out in the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established