RAC Motoring Pty Ltd

[2013] FWCA 6444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Motoring Pty Ltd
(AG2013/2424)

RAC ROADSIDE SERVICE PATROLS AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the RAC Roadside Service Patrols Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RAC Roadside Service Patrols 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 “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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clauses 18 and 22 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] 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 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAC Motoring Pty Ltd sought approval from the Fair Work Commission for the RAC Roadside Service Patrols Agreement 2013. The applicant argued that the agreement, which would be applicable to its employees, was a genuine enterprise agreement within the meaning of the Fair Work Act 2009. The respondents, who were employees of the company, contested the approval on the basis that the agreement did not meet the criteria for being a genuine enterprise agreement.

The legal issues before the Commission involved whether the agreement was genuinely negotiated and whether it satisfied the requirements for a genuine enterprise agreement under the Fair Work Act. The Commission had to determine if the agreement was made in good faith and if it had been properly negotiated between the employer and the employees. Additionally, the court had to assess if the agreement covered all the necessary matters and was in compliance with the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the requirements of a genuine enterprise agreement. The Commission noted that the agreement was the result of a good faith negotiation process and that it covered all necessary matters. The Commission also found that the agreement was consistent with the provisions of the Fair Work Act and that it was in the best interests of the employees. As a result, the Commission approved the RAC Roadside Service Patrols Agreement 2013.

The Fair Work Commission ordered the approval of the RAC Roadside Service Patrols Agreement 2013, subject to the terms and conditions specified in the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established