DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2017/4260)

RACQ MOTORING (VEHICLE RECOVERY OFFICERS) ENTERPRISE AGREEMENT 2017 - 2019

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 9 MARCH 2018

Application for approval of the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2017-2019. (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] 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.

[3] 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.

[4] The Transport Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 13 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd T/A RACQ brought an application before the Fair Work Commission for the approval of the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2017-2019. The respondent, RACQ Vehicle Recovery Officers Union, did not oppose the application but submitted a request for the inclusion of additional terms into the agreement. The legal issues before the court were whether the proposed terms were necessary to ensure fairness in the agreement and whether they were appropriate to be included in the enterprise agreement.

The court found that the requested terms were necessary to ensure fairness and equity for the employees. The inclusion of these terms would address potential concerns about workplace conditions and provide clarity and protection to the employees. The court noted that the requested terms were reasonable and appropriate, and they did not detract from the overall fairness of the agreement. The court approved the RACQ Motoring (Vehicle Recovery Officers) Enterprise Agreement 2017-2019 with the inclusion of the additional terms requested by the respondent.

The court ordered that the enterprise agreement be approved with the inclusion of the additional terms as specified in the decision. The approval was subject to the terms and conditions set out in the decision, including the requirement for the parties to provide a copy of the approved agreement to the Fair Work Ombudsman within 28 days of the decision. The decision was made under the Fair Work Act 2009 and the Fair Work Regulations 2009.

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