Royal Automobile Association of South Australia Incorporated T/A RAA

[2024] FWCA 3206

[2024] FWCA 3206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Royal Automobile Association of South Australia Incorporated T/A RAA

(AG2024/3113)

Vehicle industry
COMMISSIONER THORNTON	ADELAIDE, 6 SEPTEMBER 2024

Application for approval of the RAA Automotive and Technical Grades Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the RAA Automotive and Technical Grades 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 T/A RAA (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Clause 18.1(b) dealing with withholding of monies if an employee fails to give required notice, may be inconsistent with the National Employment Standards (NES). Noting clause 8.39(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 13 September 2024. The nominal expiry date of the Agreement is 13 September 2027.

COMMISSIONER

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