DECISION

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

RACQ Operations Pty Ltd
(AG2019/2175)

RACQ GROUP ENTERPRISE AGREEMENT 2019 - 2022

Banking finance and insurance industry
COMMISSIONER SPENCER	BRISBANE, 15 OCTOBER 2019

Application for approval of the RACQ Group Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the RACQ Group Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACQ Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Finance Sector Union of Australia (FSU) 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 is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd applied for approval of the RACQ Group Enterprise Agreement 2019 - 2022 in the Fair Work Commission. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by the Commission if they are to have the force of law. The dispute centred on whether the agreement met the legislative criteria for approval, particularly concerning the provisions related to employee entitlements and conditions.

The legal issues before the Commission involved determining whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Act, and if it adhered to the "better off overall test." This test requires that the agreement must not lead to a deterioration in the financial position or working conditions of any employee. The Commission also had to consider whether the agreement provided for a safety net for employees, ensuring they received at least the minimum entitlements set out in the national system.

The Fair Work Commission found that the RACQ Group Enterprise Agreement 2019 - 2022 was a genuine enterprise agreement. It was made without any duress or coercion and met all procedural requirements. The Commission also determined that the agreement passed the better off overall test, as it did not disadvantage any employee in terms of their financial position or working conditions. Additionally, the agreement was found to provide an adequate safety net for employees, ensuring they received no less than the minimum entitlements provided under the national system. Accordingly, the Commission approved the agreement, and it will now have the force of law.

The Commission's final orders included the approval of the RACQ Group Enterprise Agreement 2019 - 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and published on its website to ensure transparency and accessibility for all parties involved. The Commission's decision provided clarity on the requirements for enterprise agreements and affirmed the importance of the better off overall test in maintaining fair and equitable workplace conditions.

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