DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Motoring Pty Ltd T/A RAC Motoring
(AG2019/1452)

RAC CONTACT CENTRE SERVICE AND DISPATCH ENTERPRISE AGREEMENT 2019 (AGREEMENT)

Vehicle industry
COMMISSIONER WILLIAMS	PERTH, 14 JUNE 2019

Application for approval of the RAC Contact Centre Service and Dispatch Enterprise Agreement 2019 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the RAC Contact Centre Service and Dispatch Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RAC Motoring Pty Ltd T/A RAC Motoring. The Agreement is a single enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 18 May 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAC Motoring Pty Ltd, trading as RAC Motoring, brought an application to the Fair Work Commission for the approval of the RAC Contact Centre Service and Dispatch Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission before they can be registered and become legally binding. The dispute arose from the negotiation process and the terms of the proposed agreement, particularly in relation to employee representation and the application of certain conditions.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the requirements of the Fair Work Act and the Fair Work Regulations. This involved examining the negotiation process, the terms of the agreement, and whether the agreement was a "simple job description agreement" as defined by the Act. A secondary issue was whether the agreement adequately protected the rights of employees, particularly in terms of the representation of employees and the application of specific conditions.

In its decision, the Commission found that the negotiation process had been conducted in a manner consistent with the requirements of the Act. The Commission also determined that the agreement met the criteria for a simple job description agreement, which meant it did not require the approval of the Commission for its terms to be registered. However, the Commission noted concerns regarding the representation of employees and certain conditions within the agreement. Ultimately, the Commission was satisfied that the agreement, while not perfect, did not contravene the provisions of the Act and was in the best interests of the employees. The Commission approved the agreement, subject to certain conditions aimed at addressing the identified issues.

The Fair Work Commission approved the RAC Contact Centre Service and Dispatch Enterprise Agreement 2019, subject to specific conditions designed to address the concerns raised regarding employee representation and certain conditions within the agreement. The approval was granted under the Fair Work Act 2009, ensuring the agreement could be registered and become legally binding. The Commission's decision was based on the conclusion that the agreement was made in accordance with the Act and the Regulations, and that its approval was in the best interests of the employees.

RAC Motoring Pty Ltd T/A RAC Motoring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established