RAC Insurance Pty Ltd Summary

[2013] FWCA 4792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Insurance Pty Ltd
(AG2013/1609)

RAC INSURANCE ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JULY 2013

Application for approval of the RAC Insurance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RAC Insurance Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAC Insurance Pty Ltd was the applicant seeking approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission (FWC) was the body responsible for hearing the application and making a decision. The dispute centred around the provisions of the RAC Insurance Enterprise Agreement 2013, which the applicant sought to have certified as a registered agreement.

The key legal issue before the FWC was whether the provisions of the RAC Insurance Enterprise Agreement 2013 complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the "better-off-overall test" under section 234 of the Act, ensuring that employees were not disadvantaged by the terms of the agreement. The FWC also needed to consider if the agreement contained appropriate dispute resolution procedures and whether the agreement was made in good faith and not containing any terms that were contrary to public policy.

The FWC concluded that the RAC Insurance Enterprise Agreement 2013 met the statutory requirements under the Fair Work Act 2009. The commission found that the agreement satisfied the better-off-overall test and contained adequate dispute resolution procedures. Furthermore, the FWC was satisfied that the agreement had been made in good faith and did not contain any terms that were contrary to public policy. Therefore, the FWC approved the agreement and ordered that it be registered as a registered agreement under the Act.

The FWC ordered that the RAC Insurance Enterprise Agreement 2013 be registered as a registered agreement under the Fair Work Act 2009. The agreement would now have the force of a registered agreement, and its provisions would be binding on the parties involved. The decision was made in favour of the applicant, RAC Insurance Pty Ltd, and the agreement would come into effect as per its specified start date.

RAC Insurance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established