Royal Automobile Association of South Australia Incorporated T/A RAA

[2019] FWCA 1083

[2019] FWCA 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Association of South Australia Incorporated T/A RAA
(AG2018/6535)

RAA ASSISTANCE CENTRE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the RAA Assistance Centre Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RAA Assistance Centre Agreement 2018 (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 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] 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 30 - Personal/Carer’s and Compassionate Leave

However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 25 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501886  PR705099>