DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACV Sales and Marketing Pty Ltd
(AG2015/6162)

RACV SHOP NETWORK ENTERPRISE AGREEMENT 2015 - 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the RACV SHOP NETWORK ENTERPRISEAGREEMENT 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the RACV SHOP NETWORK ENTERPRISEAGREEMENT 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACV Sales and Marketing 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 Australian Municipal, Administrative, Clerical and Services Union 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 25 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

RACV Sales and Marketing Pty Ltd sought approval for the RACV SHOP NETWORK ENTERPRISE AGREEMENT 2015-2018 from the Fair Work Commission. The agreement was proposed to cover employees within the RACV SHOP NETWORK and aimed to regulate terms and conditions of employment. The primary dispute involved whether the agreement provided fair and reasonable terms for the employees as required by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the "better off overall test" and whether it was procedurally fair and lawful. The Commission had to consider whether the terms of the agreement were reasonable in all respects, including remuneration, working conditions, and any other terms relevant to the employees. Additionally, the Commission needed to determine if there was a genuine attempt to bargain in good faith and if the agreement complied with relevant industrial laws.

The Commission examined the submissions from both parties, reviewed the contents of the proposed agreement, and considered the impact on employees. It found that the agreement provided fair and reasonable terms and conditions, met the better off overall test, and was procedurally fair. The Commission concluded that the agreement was appropriate for approval and did not contravene any provisions of the Fair Work Act.

The Commission approved the RACV SHOP NETWORK ENTERPRISE AGREEMENT 2015-2018, effective from the date of the decision, subject to the agreement being registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment within the RACV SHOP NETWORK are legally compliant and fair for the employees involved.

RACV Sales and Marketing 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