DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACT Insurance Pty Ltd
(AG2017/3535)

RACT INSURANCE ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 16 JANUARY 2018

Application for approval of the RACT Insurance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RACT Insurance Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case of RACT Insurance Pty Ltd, the Fair Work Commission was called upon to assess the application for the approval of the RACT Insurance Enterprise Agreement 2017. The dispute arose between RACT Insurance Pty Ltd, the employer, and the Communications, Electrical and Plumbing Union of Australia (CEPU), the representative of the employees. The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission had to determine if the agreement contained the necessary minimum terms as specified by the Act, and if it was made in good faith. Additionally, the Commission assessed whether the agreement provided fair and reasonable terms and conditions of employment. The employer argued that the agreement was a product of genuine bargaining and met all legal standards. The union supported this view, emphasising the importance of the agreement in providing security and fairness to the employees.

In its decision, the Fair Work Commission examined the contents of the agreement in detail. It found that the agreement complied with the statutory minimum terms and was made in good faith. The Commission noted that the bargaining process was transparent and involved genuine negotiations between the parties. After careful consideration of all the evidence and submissions, the Commission concluded that the agreement was fair and reasonable. Therefore, the application for approval was granted, and the RACT Insurance Enterprise Agreement 2017 was approved as a registered agreement.

The Fair Work Commission's decision underscores the importance of adhering to statutory requirements and the principles of good faith bargaining in the formation of enterprise agreements. The approval of the agreement ensures that the terms and conditions of employment for the employees are both fair and reasonable, reflecting the outcomes of genuine negotiations between the employer and the union.

RACT Insurance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established