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

CaseChat Overview and Summary

The matter before the court involved the Royal Automobile Association of South Australia Incorporated, trading as RAA, which applied for the approval of the RAA Assistance Centre Agreement 2018. The agreement in question pertains to the terms and conditions of employment for staff members working in the assistance centres operated by RAA. The application was heard and determined by the Fair Work Commission.

The legal issues central to this case revolved around whether the terms and conditions outlined in the RAA Assistance Centre Agreement 2018 were fair and reasonable, and whether they complied with the provisions of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided adequate protection to employees while also balancing the operational needs and objectives of RAA. It also needed to consider whether the agreement met the criteria for approval under the relevant legislation.

The Fair Work Commission carefully examined the provisions of the agreement, taking into account submissions from both RAA and the relevant employee representatives. The court found that the agreement provided a fair and reasonable framework for the employment of staff at RAA's assistance centres. It considered the terms and conditions to be balanced and compliant with the requirements of the Fair Work Act. Consequently, the court approved the RAA Assistance Centre Agreement 2018, confirming its validity and enforceability.

No additional orders were made beyond the approval of the agreement. The court's decision affirmed the agreement as a legally binding document governing the employment conditions of staff members within RAA's assistance centres.

Royal Automobile Association of South Australia Incorporated 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