RACV Automobile Club of Victoria T/A RACV Road Service Pty Ltd

[2014] FWCA 7805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACV Automobile Club of Victoria T/A RACV Road Service Pty Ltd
(AG2014/7800)

RACV METROPOLITAN PATROL SERVICES COLLECTIVE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the RACV Metropolitan Patrol Services Collective Agreement 2014-2018.

[1] An application has been made for approval of a single-enterprise agreement known as the RACV Metropolitan Patrol Services Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACV Automobile Club of Victoria t/as RACV Road Service Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

CaseChat Overview and Summary

The parties involved in this case are RACV Automobile Club of Victoria trading as RACV Road Service Pty Ltd, an employer, and the Australian Workers' Union, representing the employees. The dispute was brought before the Fair Work Commission, an Australian industrial relations tribunal, regarding the approval of the RACV Metropolitan Patrol Services Collective Agreement 2014-2018. The application for approval arose under the Fair Work Act 2009, which mandates that certain agreements be registered to be legally enforceable.

The primary legal issue that the Commission had to resolve was whether the application for approval of the collective agreement met the criteria set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the required minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to consider whether the agreement was consistent with the principles of the Australian labour market and whether it was fair and reasonable in all its aspects.

The Commission examined the submissions from both parties, assessing whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace. The Commission found that the agreement met the statutory requirements and was made in good faith. It also noted that the agreement contained the necessary minimum terms and conditions, and that it was consistent with the broader principles of the Australian labour market. Consequently, the Commission approved the application for registration of the collective agreement. The approval ensures that the agreement will be legally enforceable and that the terms and conditions outlined will govern the employment relationship between the employer and the employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established