RACT Insurance Pty Ltd T/A RACTI
[2024] FWCA 764
•28 FEBRUARY 2024
| [2024] FWCA 764 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
RACT Insurance Pty Ltd T/A RACTI
(AG2024/307)
RACT INSURANCE ENTERPRISE AGREEMENT 2023
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 28 FEBRUARY 2024 |
Application for approval of the RACT Insurance Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the RACT Insurance Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACT Insurance Pty Ltd T/A RACTI (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 6(b) of the Agreement provides that where there is an inconsistency between this agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
Additionally, Clause 30.1(d) outlines a list of public holidays however, the Agreement does not provide for a public holiday for ‘any other day, or part-day, declared or prescribed by or under a law of a State or Territory.’[1] To the extent that this provision may be inconsistent with the NES provisions relating to public holidays. the NES precedence clause referred to above will apply.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.
Pursuant to s.218A of the Act I propose to amend clause 19.8(b) of the Agreement such that the reference in that clause to clause ‘1919.8(a) above’ is amended to read ‘19.8(a) above.’ The amendment is made to correct an obvious error in the Agreement and will operate on and from the date the Agreement commences operation in accordance with this decision.
DEPUTY PRESIDENT
Annexure A
[1] See s.115(1)(b) of the Act.
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