DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Club of Victoria (RACV) Limited T/A RACV
(AG2017/5454)

RACV ROADSIDE ASSISTANCE CENTRE AGREEMENT 2017 - 2020

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MAY 2018

Application for approval of the RACV Roadside Assistance Centre Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the RACV Roadside Assistance Centre Enterprise Agreement 2017-2020 (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 Applicant 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, 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. 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.

[4] The Australian 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.

[5] The Agreement was approved on 1 May 2018 and, in accordance with s.54, will operate from 8 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, RACV Limited T/A RACV, applied to the Fair Work Commission for approval of the RACV Roadside Assistance Centre Agreement 2017-2020. The dispute arose between RACV and the United Voice union, which represents employees of the roadside assistance centres. The Fair Work Commission heard and determined the application. The primary legal issue before the Commission was whether the proposed agreement, which included provisions for a four-day work week and a reduction in certain employee entitlements, was consistent with the Fair Work Act 2009 and the principles of the National Employment Standards.

The Commission considered whether the agreement's terms met the requirements for approval under the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions. The Commission also examined whether the proposed changes to the work schedule and employee entitlements were justified and reasonable in the context of the industry and the specific circumstances of the roadside assistance centres. After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement's terms were fair and reasonable. The Commission found that the proposed changes were justified and appropriate given the nature of the work and the operational requirements of the roadside assistance centres.

In its decision, the Commission approved the RACV Roadside Assistance Centre Agreement 2017-2020. The Commission noted that the agreement provided for a fair and reasonable work schedule and entitlements for employees, taking into account the unique circumstances of the roadside assistance industry. The Commission also highlighted that the agreement included provisions for ongoing consultation and dispute resolution mechanisms, which would help to ensure that any issues that arose under the agreement could be addressed effectively. The final orders of the Commission approved the agreement, which would now apply to the employees of the RACV roadside assistance centres for the period from 2017 to 2020.

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