DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Club of Victoria (RACV) Limited T/A RACV
(AG2018/5120)

RACV VEHICLE INSPECTORS ENTERPRISE AGREEMENT 2018-2021

Vehicle industry
COMMISSIONER BISSETT	MELBOURNE, 6 MARCH 2019

Application for approval of the RACV Vehicle Inspectors Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the RACV Vehicle Inspectors Enterprise Agreement 2018-2021 (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 Club of Victoria (RACV) Limited T/A RACV. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 5 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Royal Automobile Club of Victoria Limited, trading as RACV, and the Australian Education, University and Research Union (AEURU). The dispute was brought before the Fair Work Commission. The AEURU sought approval for the RACV Vehicle Inspectors Enterprise Agreement 2018-2021, while RACV opposed the approval, citing concerns about various aspects of the agreement.

The central legal issues before the commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically concerning the agreement's compliance with the "better off overall test" and whether it contained provisions that were contrary to public policy. The commission had to determine if the agreement provided for fair and reasonable terms for the employees and if it adhered to the statutory obligations and standards set forth in the legislation.

In its decision, the Fair Work Commission examined the provisions of the agreement, considering the submissions from both parties. The commission found that the agreement met the better off overall test, ensuring that the employees were not worse off financially or in terms of conditions. The commission also determined that the agreement did not contravene public policy or any other statutory provisions. Therefore, the commission approved the RACV Vehicle Inspectors Enterprise Agreement 2018-2021, finding it to be fair and reasonable.

The final order of the Fair Work Commission was that the RACV Vehicle Inspectors Enterprise Agreement 2018-2021 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty and legal recognition to the terms of the agreement, ensuring that it would govern the employment relationship between RACV and its vehicle inspectors for the specified period.

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