RACQ Operations Pty Ltd

[2013] FWCA 8549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd
(AG2013/10977)

RACQ (SERVICE DELIVERY) ENTERPRISE AGREEMENT 2013-2016

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 30 OCTOBER 2013

Application for approval of the RACQ (Service Delivery) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the RACQ (Service Delivery) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RACQ Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd applied to the Fair Work Commission for approval of the RACQ (Service Delivery) Enterprise Agreement 2013-2016. The dispute centred around the application's compliance with the Fair Work Act 2009 and whether the agreement met the necessary requirements for approval. The Fair Work Commission was the court that heard the case.

The primary legal issues the Commission had to decide were whether the application was properly made and if the agreement satisfied the legislative criteria for approval, including provisions for employee representation, fair terms and conditions of employment, and the absence of prohibited content. Another key issue was whether the agreement complied with procedural requirements, such as the proper notification and consultation processes.

The Commission assessed the application against statutory provisions and determined that the application was indeed properly made. It further found that the agreement contained all necessary terms and conditions and adhered to the Fair Work Act's requirements. The Commission was satisfied that the agreement did not include any prohibited content and that the requisite consultation processes were followed. Consequently, the Commission approved the application for the enterprise agreement.

In summary, the Commission found in favour of RACQ Operations Pty Ltd, granting approval for the RACQ (Service Delivery) Enterprise Agreement 2013-2016. The decision was based on the application's compliance with the Fair Work Act and the agreement's adherence to the necessary legal criteria and procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established