DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2016/7259)

RACQ ROADSIDE ASSISTANCE (PATROL OFFICERS) UNION ENTERPRISE AGREEMENT 2017 - 2020

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2017 - 2020 (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 T/A RACQ. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 14 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RACQ Operations Pty Ltd, trading as RACQ, applied to the Fair Work Commission for approval of the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2017 - 2020. The union representing the patrol officers, the Transport Officers’ Union, brought the application. The dispute centred on the terms and conditions of employment for the patrol officers, specifically those outlined in the proposed enterprise agreement.

The legal issues before the court involved the validity and enforceability of certain clauses within the enterprise agreement. These issues included whether the agreement complied with the Fair Work Act 2009, particularly in relation to minimum wage rates, penalty rates, and other employment conditions. The union argued that the proposed agreement was fair and reasonable, while RACQ contended that certain provisions were inconsistent with the statutory requirements.

The court examined the provisions of the Fair Work Act and relevant regulations, as well as the principles of good faith bargaining and procedural fairness. It considered whether the agreement provided for terms and conditions that met or exceeded the applicable minimum standards and whether it was negotiated in good faith. The court found that while most of the provisions were in line with legal requirements, some aspects concerning penalty rates and allowances required adjustment to comply with the Act. Consequently, the court approved the agreement with modifications to these specific terms.

The final orders included the approval of the enterprise agreement with the specified amendments to ensure compliance with the Fair Work Act. The agreement was thus deemed to be fair and reasonable, effective from the date of the decision.

RACQ Operations Pty Ltd T/A RACQ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established