DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2021/5068)

RACQ MOTORING ENTERPRISES (FLEET TECHNICIANS) ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 MAY 2021

Application for approval of the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2020 - 2023.

[1] RACQ Operations Pty Ltd T/A RACQ (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I observe that clause 18.1 of the Agreement relating to the substitution of public holidays may be inconsistent with the National Employment Standards (NES).

[3] I note that the Applicant has given an undertaking that the Agreement will be read and interpreted in conjunction with the NES and that where there is an inconsistency between a provision of the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. I also note that by virtue of s. 55 of the Act, an enterprise agreement must not exclude the NES or any provisions of the NES and s. 56 provides that a term of an enterprise agreement has no effect to the extent that it contravenes s. 55.

[4] A copy of this Undertaking is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertaking. Pursuant to subsection 190(3) of the Act, I accept the Undertaking. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[6] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 2 June 2021. The nominal expiry date of the Agreement is 1 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

RACQ Operations Pty Ltd T/A RACQ applied to the Fair Work Commission for approval of the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2020 - 2023. The applicant sought to have the agreement registered as a Registered Agreement. The dispute arose under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements of the Act for it to be registered.

The legal issues before the Commission were whether the agreement satisfied the procedural and substantive requirements for registration under the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was made in good faith and whether the applicant had complied with the relevant provisions of the Act. Substantively, the Commission needed to examine whether the agreement contained the minimum terms and conditions of employment as prescribed by the Act, and whether it was in the best interests of the employees.

The Commission found that the agreement was made in good faith and that the applicant had complied with the relevant provisions of the Act. The Commission also found that the agreement contained the minimum terms and conditions of employment and that it was in the best interests of the employees. Accordingly, the Commission approved the agreement and ordered that it be registered as a Registered Agreement.

RACQ Operations Pty Ltd T/A RACQ

DECISION

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