DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2016/5940)

RACQ GROUP ENTERPRISE AGREEMENT 2016-2019

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the RACQ Group Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RACQ Group Enterprise Agreement 2016-2019 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Finance Sector Union of Australia 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.

[6] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 May 2019.

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 Group Enterprise Agreement 2016-2019. The dispute centred around whether the proposed enterprise agreement was in compliance with the relevant federal legislation and if it adequately represented the interests of the employees involved. The application was heard and determined by the Fair Work Commission.

The primary legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions, whether it had been negotiated in good faith, and if it was likely to ensure the employees' rights and interests were fairly protected. The Commission also considered whether the agreement appropriately balanced the interests of the employer and the employees, and if it complied with the procedural requirements stipulated under the Fair Work Act 2009.

After thorough consideration of the submissions and evidence provided by the parties, the Commission determined that the RACQ Group Enterprise Agreement 2016-2019 met the necessary legislative criteria. The agreement was found to have been negotiated in good faith, adequately protected the employees' rights and interests, and appropriately balanced the interests of both parties. Consequently, the Commission approved the agreement, noting its compliance with the relevant statutory requirements and its potential to serve as a fair and effective framework for employment conditions. The Commission's decision was based on the comprehensive review of the agreement's provisions and the assurance that it would provide a fair and equitable outcome for all involved parties.

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