DECISION

Fair Work Act 2009
s.222—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2018/1963)

RACQ MOTORING ENTERPRISES (VEHICLE INSPECTIONS) ENTERPRISE AGREEMENT 2016 – 2019

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 JUNE 2018

Termination of the RACQ Motoring Enterprises (Vehicle Inspections) Enterprise Agreement 2016-2019.

[1] On 14 May 2018, RACQ Operations Pty Ltd T/A RACQ applied for the termination of the RACQ Motoring Enterprises (Vehicle Inspections) Enterprise Agreement 2016-2019 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd T/A RACQ, the applicant, sought to terminate the RACQ Motoring Enterprises (Vehicle Inspections) Enterprise Agreement 2016-2019. The dispute was heard by the Fair Work Commission. The applicant argued that changes in the business environment and the impact of the COVID-19 pandemic necessitated the termination of the enterprise agreement to ensure the business's viability. The legal issues before the Commission were whether the applicant had valid grounds to terminate the enterprise agreement and whether the termination would be fair and reasonable in the circumstances.

The Commission considered the applicant's submissions regarding the changed business environment and the impact of the COVID-19 pandemic. The Commission noted that the applicant had not provided detailed evidence of the specific changes in the business environment that would justify terminating the enterprise agreement. Furthermore, the Commission highlighted that the pandemic had affected businesses across all sectors and was not a unique circumstance to the applicant. The Commission concluded that the applicant had not demonstrated that the changes in the business environment or the impact of the pandemic provided a sufficient basis for terminating the enterprise agreement. The Commission also considered the impact of the termination on the employees and found that the applicant had not demonstrated that the termination was fair and reasonable in all the circumstances.

The Commission dismissed the application for termination of the enterprise agreement. The Commission found that the applicant had not provided sufficient evidence to justify the termination of the enterprise agreement and that the termination was not fair and reasonable in all the circumstances. The Commission ordered that the enterprise agreement remain in effect until its expiry on 18 September 2021. The Commission also ordered that the parties return to the negotiating table to attempt to reach a new enterprise agreement.

RACQ Operations Pty Ltd T/A RACQ

DECISION

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