DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Motoring Pty Ltd T/A RAC Motoring
(AG2016/6444)

RAC ROADSIDE SERVICE PATROLS ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the RAC Roadside Patrols Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RAC Roadside Patrols 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 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. 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAC Motoring Pty Ltd, trading as RAC Motoring, sought approval of the RAC Roadside Patrols Enterprise Agreement 2016 from the Fair Work Commission. The agreement aimed to govern the employment terms of roadside patrol workers employed by RAC Motoring. The dispute arose as the respondents, including various unions, contested the proposed terms, arguing they were unfair and did not adequately protect the employees' interests.

The primary legal issue before the court was whether the proposed enterprise agreement was, in all its terms, appropriate for the purposes of the Fair Work Act 2009. The court had to assess if the agreement was genuinely negotiated, met the procedural fairness requirements, and did not unfairly discriminate against any employee. Additionally, the court examined if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the negotiation process and found it to be procedurally fair. The court noted that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission rejected the unions' claims that the agreement unfairly disadvantaged employees, finding that it provided adequate protections and benefits. Consequently, the court approved the RAC Roadside Patrols Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act.

The Fair Work Commission ordered the approval of the RAC Roadside Patrols Enterprise Agreement 2016, effective from the date of the decision. This decision provided certainty and a clear framework for the employment conditions of roadside patrol workers under RAC Motoring. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment relationship between RAC Motoring and its 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