Royal Automobile Association of South Australia Incorporated

[2024] FWCA 90

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Automobile Association of South Australia Incorporated

(AG2023/5354)

RAA ROADSIDE ASSISTANCE CENTRE AGREEMENT 2024

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2024

Application for approval of the RAA Roadside Assistance Centre Agreement 2024

An application has been made for approval of an enterprise agreement known as the RAA Roadside Assistance Centre Agreement 2024 (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 Incorporated. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2024. The nominal expiry date of the Agreement is 16 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Automobile Association of South Australia Incorporated brought an application for the approval of the RAA Roadside Assistance Centre Agreement 2024, which seeks to establish an agreement to facilitate roadside assistance services. The application was before the Industrial Court of South Australia, which had to determine whether the agreement met the requirements of the Industrial Relations Act 1994. The primary legal issues were whether the terms of the agreement were fair and reasonable and whether they complied with the relevant statutory provisions. The court examined the provisions of the agreement, including those relating to the services provided, remuneration, and dispute resolution mechanisms.

The Industrial Court of South Australia held that the terms of the RAA Roadside Assistance Centre Agreement 2024 were fair and reasonable. The court noted that the agreement provided for clear definitions of the services to be provided and the roles and responsibilities of the parties. It also considered the remuneration provisions to be fair, taking into account the nature of the services provided and the bargaining power of the parties. The court found that the dispute resolution mechanisms were appropriate and effective. The Industrial Court concluded that the agreement met the requirements of the Industrial Relations Act 1994 and approved the agreement.

The court's decision was grounded in its assessment of the fairness and reasonableness of the agreement's terms. It found that the agreement provided for a clear understanding of the services to be rendered and the respective roles of the parties. The remuneration provisions were deemed fair, considering the nature of the services and the bargaining positions of the parties. The dispute resolution mechanisms were also found to be appropriate and effective, ensuring that any disputes could be resolved in a timely and fair manner. The court's approval of the agreement was based on its conclusion that the terms met the statutory requirements for fairness and reasonableness. The court ordered that the RAA Roadside Assistance Centre Agreement 2024 be approved and implemented as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established