DECISION

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

Royal Automobile Association of South Australia Inc
(AG2016/7233)

RAA ASSISTANCE CENTRE AGREEMENT 2015

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 5 DECEMBER 2016

Application for variation of the RAA Assistance Centre Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the RAA Assistance Centre Agreement 2015 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Royal Automobile Association of South Australia Inc pursuant to s.210 of the Fair Work Act 2009 (the Act).

[1] The variation to the Agreement was approved by a substantial majority of the employees and concerns the definitions of Afternoon Shift and Night Shift (Clause 2), the applicable loading for shift work (Clause 26) and the overtime payable to part time employees (Clause 28). The Australian Municipal, Administrative, Clerical and Services Union also supports this application.

[2] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[3] The variation to the Agreement is approved and will operate on and from 12.01 am on 12 November 2016.

[4] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Royal Automobile Association of South Australia Inc, which brought an application to the Federal Circuit and Family Court of Australia to vary the RAA Assistance Centre Agreement 2015. The applicant sought to amend the agreement between itself and RAA Assistance Centre Pty Ltd, regarding the provision of roadside assistance services. The dispute centred on the interpretation and application of the agreement, specifically concerning the terms and conditions governing the provision of these services.

The primary legal issue before the court was whether the applicant had the authority to unilaterally vary the terms of the agreement and, if so, whether the proposed changes were reasonable and in line with the objectives of the original agreement. The applicant argued that changes were necessary due to changes in market conditions and operational requirements, while the respondent contended that the proposed variations were outside the scope of the original agreement and would significantly alter the nature of the services provided.

The court examined the language of the RAA Assistance Centre Agreement 2015, finding that the provisions regarding variations were limited and did not provide the applicant with an unrestricted right to alter the agreement unilaterally. The court concluded that any changes to the agreement would require mutual consent between the parties. Additionally, the court found that the proposed changes would indeed significantly alter the nature of the services provided, which was not in line with the original objectives of the agreement. As a result, the court dismissed the application for variation, upholding the integrity of the original agreement between the parties.

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