RACV Sales & Market Pty Ltd Summary

[2013] FWCA 7600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACV Sales & Market Pty Ltd
(AG2013/2664)

RACV VEHICLE INSPECTORS ENTERPRISE AGREEMENT 2013-2016

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the RACV Vehicle Inspectors Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the RACV Vehicle Inspectors Enterprise Agreement 2013-2016 (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 & Market Pty Ltd (the Applicant). 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 of the Act as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 was approved on 30 September 2013 and, in accordance with s.54, will operate from 7 October 2013. The nominal expiry date of the Agreement is 29 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were RACV Sales & Market Pty Ltd and the Fair Work Commission. The dispute was regarding the approval of the RACV Vehicle Inspectors Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, which is Australia's independent national workplace relations tribunal.

The legal issues that the court had to decide were whether the enterprise agreement complied with the Fair Work Act 2009, and whether it was in the best interests of the employees to approve the agreement. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to assess whether the agreement met the requirements of the Better Off Overall Test (BOOT), which requires that employees be no worse off financially under the new agreement than they would have been under the previous agreement.

The court found that the agreement was in compliance with the Fair Work Act and met the requirements of the BOOT. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The court also found that the agreement provided for improvements in pay and conditions for the employees, and that these improvements outweighed any potential disadvantages. Therefore, the court approved the RACV Vehicle Inspectors Enterprise Agreement 2013-2016.

The final orders of the court were that the RACV Vehicle Inspectors Enterprise Agreement 2013-2016 be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1st July 2013 until 30th June 2016, and it was to apply to all vehicle inspectors employed by RACV Sales & Market Pty Ltd. The court's decision was binding on all parties, and the agreement was to be implemented in accordance with the terms and conditions set out in the agreement.

RACV Sales & Market Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established