DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Motoring Pty Ltd
(AG2018/3447)

RAC ROADSIDE SERVICE PATROLS ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT BEAUMONT	MELBOURNE, 29 NOVEMBER 2018

Application for approval of the RAC Roadside Service Patrols Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RAC Roadside Service Patrols Enterprise Agreement 2018 (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. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 November 2018 and, in accordance with s.54, will operate from 6 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RAC Motoring Pty Ltd was before the Fair Work Commission, where the applicant sought approval for the RAC Roadside Service Patrols Enterprise Agreement 2018. The dispute centred around whether the proposed agreement met the necessary standards for fair and effective industrial relations. The Commission had to determine if the agreement complied with the requirements of the Fair Work Act 2009, including provisions regarding the coverage of employees, the negotiation process, and the terms and conditions of employment.

The primary legal issues revolved around whether the agreement was genuinely negotiated, the fairness of its terms, and if the negotiation process was conducted in good faith. The Commission examined the evidence provided by the parties regarding the negotiation process and the terms of the agreement. Key considerations included the presence of procedural fairness, the representation of employees, and whether any mandatory provisions of the Fair Work Act were contravened.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the negotiation process was generally conducted in good faith, and the agreement was genuinely negotiated. The terms of the agreement were deemed fair and met the standards set by the Fair Work Act. The Commission approved the RAC Roadside Service Patrols Enterprise Agreement 2018, emphasising the importance of fair negotiation processes and the protection of employee rights.

The final orders included the approval of the enterprise agreement, which would now be binding on the employees covered by the agreement and the employer, RAC Motoring Pty Ltd. The Commission's decision underscored the significance of adhering to the legal frameworks governing enterprise agreements to ensure fair and effective industrial relations.

RAC Motoring Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established