DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RACQ Operations Pty Ltd
(AG2019/4657)

RACQ ROADSIDE ASSISTANCE (PATROL OFFICERS) UNION ENTERPRISE AGREEMENT 2020-2023

Vehicle industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 MARCH 2020

Application for approval of the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2020 - 2023.

[1] RACQ Operations Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2020-2023 (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] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 7 April 2020. The nominal expiry date of the Agreement is 14 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd brought an application for the approval of a new enterprise agreement with the RACQ Roadside Assistance (Patrol Officers) Union. The application was heard in the Fair Work Commission. The central dispute involved the terms and conditions of employment for RACQ's roadside assistance patrol officers, as outlined in the proposed enterprise agreement for the period 2020 to 2023. The union and the company had reached an agreement on various aspects, but some contentious issues needed resolution to secure the Fair Work Commission's approval.

The primary legal issues the Commission had to address were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement. This involved examining if the agreement provided employees with a fair and reasonable set of terms and conditions, and if it was genuinely negotiated and not imposed by either party. The Commission also needed to ensure the agreement did not include terms that were contrary to public policy or that would undermine the protections provided by the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met all necessary legal requirements. It determined that the agreement was fairly negotiated and provided the employees with better terms and conditions than those under the previous agreement. The Commission also confirmed that the agreement did not include any terms that were contrary to public policy or otherwise invalid. As a result, the Fair Work Commission approved the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2020-2023. The decision was based on the evidence presented and the application of relevant legislation and principles governing enterprise agreements.

RACQ Operations 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