DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Club of Victoria (RACV) Limited t/a RACV
(AG2019/827)

RACV RETAIL ENTERPRISE AGREEMENT 2019 - 2021

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2019

Application for approval of the RACV Retail Enterprise Agreement 2019 - 2021

[1] The Royal Automobile Club of Victoria (RACV) Limited t/a RACV has made an application has been made for approval of an enterprise agreement known as the RACV Retail Enterprise Agreement 2019 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 June 2019 and, in accordance with s 54, will operate from 2 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Automobile Club of Victoria Limited, trading as RACV, sought approval of its Retail Enterprise Agreement for the period 2019 to 2021. The dispute was heard by the Fair Work Commission, a federal tribunal with jurisdiction to approve and oversee enterprise agreements in Australia. The applicants sought to have the proposed agreement recognised as a lawful and fair agreement for its employees, who were represented by the Retail and Fast Food Workers Union of Victoria.

The central legal issues before the Commission involved whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was negotiated in good faith, covered all relevant terms and conditions, and did not unfairly discriminate against employees. The Commission also had to consider whether the agreement met the minimum entitlements required by the Act.

In its decision, the Commission found that the proposed agreement met the statutory criteria. The Commission acknowledged the extensive negotiation process between RACV and the union, highlighting the good faith efforts made by both parties. The Commission also noted that the agreement covered all necessary terms and conditions, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not unfairly discriminate against employees and complied with the minimum standards set by the Act. Consequently, the Commission approved the RACV Retail Enterprise Agreement for the specified period.

As a result of the decision, the Fair Work Commission granted approval for the RACV Retail Enterprise Agreement 2019-2021, allowing it to be implemented and enforced as a binding agreement between RACV and its retail employees. This decision provided clarity and certainty for both parties, ensuring that the agreement would operate within the legal framework established by the Fair Work Act.

Royal Automobile Club of Victoria (RACV) Limited t/a RACV

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established