DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd
(AG2019/3125)

RACQ MOTORING (VEHICLE RECOVERY OFFICERS) ENTERPRISE AGREEMENT 2019 - 2022

Vehicle industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 NOVEMBER 2019

Application for approval of the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2019 -2022.

[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 Motoring (Vehicle Recovery Officers) Enterprise Agreement 2019 - 2022 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, 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 that organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 November 2019. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RACQ Operations Pty Ltd, the Fair Work Commission was asked to determine whether the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2019-2022 should be approved. The application for approval came from RACQ Operations, the employer, and the respondent was the Australian Workers' Union. The agreement in question related to the employment conditions of vehicle recovery officers working for RACQ Operations. The dispute centred on the fairness and appropriateness of the terms set out in the proposed enterprise agreement, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was procedurally fair, free from any contraventions of the Act, and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the Commission examined if the agreement provided for proper dispute resolution mechanisms and if it was free from any elements that could be considered contrary to public policy.

The Commission found that the agreement was procedurally sound, as it was the product of genuine bargaining between the parties. It also concluded that the terms of the agreement were fair and reasonable, providing for adequate protections for the employees. The Commission was satisfied that the agreement did not contravene the Act and that it included appropriate dispute resolution mechanisms. After considering all the evidence and arguments presented, the Commission approved the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2019-2022, effective from the date of the decision.

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