DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RACWA Holdings Pty Ltd
(AG2016/4383)

RAC SHARED SERVICES ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the RAC Shared Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RAC Shared Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACWA Holdings 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of RACWA Holdings Pty Ltd, the applicant sought approval of the RAC Shared Services Enterprise Agreement 2016, which was intended to govern the terms and conditions of employment for certain employees. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the necessary statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the application for approval of the enterprise agreement met the procedural and substantive requirements set forth by the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it complied with the relevant provisions of the Act, including those concerning minimum wages and other employment standards.

The Commission found that the agreement was made in good faith and was free from coercion and undue influence. It was noted that the applicant had engaged in a genuine process of consultation with the employees and their representatives, which was evidenced by the various meetings and communications held during the negotiation process. The Commission also determined that the agreement met the necessary statutory requirements, including those concerning minimum wages and other employment standards. As such, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the RAC Shared Services Enterprise Agreement 2016, subject to certain conditions and modifications to address minor non-compliance issues. The applicant was required to make certain changes to the agreement, including the provision of additional information to employees and the correction of certain typographical errors. Once these changes were made, the agreement was deemed to be compliant with the Fair Work Act and was approved for operation.

RACWA Holdings 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