DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACQ Operations Pty Ltd T/A RACQ
(AG2017/1975)

RACQ MOTORING ENTERPRISES (FLEET TECHNICIANS ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 AUGUST 2017

Application for approval of the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2017 - 2020.

[1] RACQ Operations Pty Ltd T/A RACQ applies for approval of an enterprise agreement known as the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2017 - 2020 (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] On 3 August 2017 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 1 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RACQ Operations Pty Ltd T/A RACQ applied to the Fair Work Commission for approval of the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2017 - 2020. The application was made by the employer under section 234 of the Fair Work Act 2009. The nature of the dispute was whether the proposed enterprise agreement complied with the legal requirements for approval and whether it was in the best interests of the employees.

The legal issues that the Commission was required to decide included whether the agreement provided for procedural fairness, whether the agreement included the appropriate bargaining representatives, whether the agreement met the good faith bargaining requirement, and whether the agreement was in the best interests of the employees. The Commission also had to consider whether the agreement met the requirements for being a single, integrated, and coherent document.

The Commission found that the application met the requirements for approval of an enterprise agreement. The agreement provided for procedural fairness and included the appropriate bargaining representatives. The Commission was satisfied that the agreement was the product of good faith bargaining and was in the best interests of the employees. The agreement was a single, integrated, and coherent document, and therefore met the requirements for approval under the Fair Work Act.

The Commission approved the RACQ Motoring Enterprises (Fleet Technicians) Enterprise Agreement 2017 - 2020, subject to the modifications made by the Commission. The modifications related to the removal of an inconsistency in the agreement and the clarification of certain provisions. The employer and the employees' representative were notified of the approval and the modifications.

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