RACQ Operations Pty Ltd T/A RACQ

[2022] FWCA 4594

[2022] FWCA 4594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ

(AG2022/5103)

RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2023 - 2026

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2022

Application for approval of the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the RACQ Roadside Assistance (Patrol Officers) Union Enterprise Agreement 2023 - 2026 (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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 20.3 - Domestic and Family Violence Leave

However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 14 January 2026.

COMMISSIONER

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