DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Royal Automobile Association of South Australia Inc
(AG2016/5376)

RAA AUTOMOTIVE AND TECHNICAL GRADES AGREEMENT 2014

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 SEPTEMBER 2016

Application for variation of the RAA Automotive and Technical Grades Agreement 2014.

[1] An application has been made to vary an enterprise agreement known as the RAA Automotive and Technical Grades Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by the Royal Automobile Association of South Australia Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Attachment 1.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The Royal Automobile Association of South Australia Inc brought an application before the Fair Work Commission for a variation of the RAA Automotive and Technical Grades Agreement 2014. The application sought changes to the conditions of employment of automotive and technical employees, including amendments to pay rates, leave entitlements, and shift patterns. The respondents to the application were the Automotive, Transport and General Workers Union of Australia and the Automotive, Transport and General Workers Union of Australia (SA Branch).

The primary legal issue before the Commission was whether the proposed variations to the agreement were in accordance with the requirements of the Fair Work Act 2009 and whether they met the threshold for a variation of a registered agreement under the Fair Work Regulations 2009. The Commission also had to consider whether the proposed variations were consistent with the principles of good faith bargaining and whether they provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant legal principles. The Commission found that the proposed variations to the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, and that they were consistent with the principles of good faith bargaining. The Commission also found that the proposed variations provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission therefore approved the application for a variation of the RAA Automotive and Technical Grades Agreement 2014, with the variations taking effect from the date of the decision.

The final orders of the Commission included the approval of the application for a variation of the RAA Automotive and Technical Grades Agreement 2014, with the variations to the agreement taking effect from 1 July 2021. The Commission also ordered that the variation be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the variation. The Commission further ordered that the parties cooperate with each other to facilitate the implementation of the variation and to resolve any issues that may arise in relation to the variation.

Royal Automobile Association of South Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established