DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Association of South Australia Incorporated T/A RAA
(AG2017/5841)

RAA AUTOMOTIVE AND TECHNICAL GRADES AGREEMENT 2017

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 MARCH 2018

Application for approval of the RAA Automotive and Technical Grades Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RAA Automotive and Technical Grades Agreement 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Manufacturing Workers’ 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.

[5] The Agreement was approved on 23 March 2018 and, in accordance with s.54, will operate from 30 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Royal Automobile Association of South Australia Incorporated trading as RAA, which sought approval for the RAA Automotive and Technical Grades Agreement 2017. This agreement was proposed as a replacement for the Automotive and Technical Grades Agreement 2015, which had been registered by the Commission. The applicant argued that the new agreement reflected the current market conditions and the needs of the industry.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for registration under the Fair Work Act 2009. This included ensuring that the agreement was in the public interest, provided for a fair and reasonable method of determining wages and conditions, and did not discriminate against any individual or group. Additionally, the Commission had to assess whether the agreement provided for a fair and reasonable method of resolving disputes between employees and employers.

In its decision, the Commission found that the proposed agreement met the necessary requirements for registration. The Commission noted that the agreement had been developed through a process of negotiation between the employer and the union, and that it reflected the current economic environment. The Commission also found that the agreement provided for a fair and reasonable method of determining wages and conditions, and that it did not contain any discriminatory provisions. The Commission was satisfied that the agreement was in the public interest and would promote harmonious, productive and cooperative workplace relations.

The Commission approved the RAA Automotive and Technical Grades Agreement 2017, which will now replace the 2015 agreement. The new agreement will apply to employees who were covered by the previous agreement, and will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

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