RACWA Holdings Pty Ltd

[2013] FWCA 6181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RACWA Holdings Pty Ltd
(AG2013/8672)

RAC SHARED SERVICES ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 29 AUGUST 2013

Application for approval of the RAC Shared Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RAC Shared Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RACWA Holdings Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved RACWA Holdings Pty Ltd, an employer, and its employees, represented by the Retail and Distributive Employees’ Union of Australia (RDA). The dispute centred on the approval of the RAC Shared Services Enterprise Agreement 2013. The application for approval was heard by the Fair Work Commission (FWC).

The primary legal issue before the FWC was whether the enterprise agreement met the "better off overall test" (BOOT) as required under section 230 of the Fair Work Act 2009. The BOOT requires that the agreement must ensure that employees are at least as well off, financially or otherwise, as they would have been under their previous awards or agreements. Additionally, the FWC had to consider whether the agreement was made in accordance with the relevant legislative provisions and whether it was procedurally sound.

In its decision, the FW found that the enterprise agreement did satisfy the BOOT. The commission considered various factors, including the financial benefits provided by the agreement, the nature of the work performed by employees, and the overall impact on the employees' terms and conditions of employment. The FWC concluded that the agreement provided employees with a better overall package compared to their previous conditions. The commission also noted that the agreement was made in good faith and followed the necessary procedural requirements. Based on these findings, the FWC approved the enterprise agreement.

The final orders included the approval of the RAC Shared Services Enterprise Agreement 2013, which was to be registered with the Registrar of the Fair Work Commission. The agreement was set to commence on the date of registration and would apply to the employees of RACWA Holdings Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established