DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Motoring Pty Ltd T/A RAC Motoring
(AG2017/1355)

RAC CONTACT CENTRE SERVICE, DISPATCH AND WORKFORCE PLANNING ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2017

Application for approval of the RAC Contact Centre Service, Dispatch and Workforce Planning Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RAC Contact Centre Service, Dispatch and Workforce Planning Enterprise Agreement 2017 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 11 May 2017 and, in accordance with s.54, will operate from 18 May 2017. The nominal expiry date of the Agreement is 18 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RAC Motoring Pty Ltd, trading as RAC Motoring, applied for approval of the RAC Contact Centre Service, Dispatch and Workforce Planning Enterprise Agreement 2017 before the Fair Work Commission. The application centred on the terms of the proposed agreement, which aimed to regulate the employment conditions of RAC Motoring's contact centre, dispatch, and workforce planning staff. The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it contained all the minimum terms and conditions mandated by the Act. The Commission had to examine the fairness and adequacy of the proposed agreement, including the bargaining process, the terms' content, and whether it complied with the procedural fairness and good faith bargaining principles.

In its reasoning, the Commission carefully considered the process through which the agreement was negotiated. It scrutinised the documentation and evidence presented by RAC Motoring to determine if the bargaining process adhered to good faith and procedural fairness. The Commission also evaluated the specific terms of the agreement to ensure they provided fair and reasonable outcomes for the employees and did not undermine their rights. After thorough examination, the Commission determined that the agreement was appropriately negotiated and contained all required minimum terms and conditions. Consequently, the Commission approved the agreement, finding it met the necessary legislative requirements and was fair and reasonable.

The Commission's decision was based on the comprehensive evidence presented and the conclusion that the bargaining process was conducted in good faith. The approved agreement now serves as a binding enterprise agreement between RAC Motoring and its relevant employees, setting out their terms of employment. The final orders included the approval of the RAC Contact Centre Service, Dispatch and Workforce Planning Enterprise Agreement 2017, effective from the date of the Commission's decision.

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