DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Association of South Australia Inc t/a RAA
(AG2016/4119)

RAA ASSISTANCE CENTRE AGREEMENT 2015

Vehicle industry
COMMISSIONER LEE	HOBART, 22 SEPTEMBER 2016

Application for approval of the RAA Assistance Centre Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RAA Assistance Centre Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Automobile Association of South Australia Inc t/a RAA. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 29 September 2016. The nominal expiry date of the Agreement is 13 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Royal Automobile Association of South Australia Inc trading as RAA applied for approval of the RAA Assistance Centre Agreement 2015. The matter involved a dispute regarding the terms of the agreement which was to govern the operations of assistance centres in South Australia and the Northern Territory, and the rights and obligations of RAA, its employees, and members. The Australian Workers' Union (AWU) and the National Tertiary Education Union (NTEU) opposed the application, arguing that the proposed agreement would lead to a deterioration of employee conditions and job security.

The primary legal issues before the court were whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved and registered. This included determining if the agreement had been fairly negotiated, if it provided for a fair and efficient workplace, and if it complied with various procedural requirements. The court also had to consider the impact of the agreement on the employees' terms and conditions, including any potential detriments that might arise from its implementation.

The court found that the agreement had been fairly negotiated, and it met the statutory requirements for an enterprise agreement. It held that the agreement provided for a fair and efficient workplace and that the process followed for its negotiation and approval was compliant with the Act. The court emphasised that the agreement did not lead to any unfair detriment to employees and was, in fact, beneficial in terms of operational efficiency and improved service delivery to members. Consequently, the court approved and registered the RAA Assistance Centre Agreement 2015.

The final orders included the registration of the RAA Assistance Centre Agreement 2015, effective from the date of the court's decision. The court's ruling confirmed the legality and enforceability of the agreement, which would now govern the operations of the assistance centres and the employment conditions of the affected employees.

Royal Automobile Association of South Australia Inc t/a RAA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established