Royal Automobile Club of Victoria (RACV) Ltd

[2022] FWCA 2493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Automobile Club of Victoria (RACV) Ltd

(AG2022/2437)

RACV METROPOLITAN PATROL SERVICES ENTERPRISE AGREEMENT 2022-2026

Banking finance and insurance industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 JULY 2022

Application for approval of the RACV METROPOLITAN PATROL SERVICES ENTERPRISE AGREEMENT 2022-2026

Royal Automobile Club of Victoria (RACV) Ltd (the Employer) has made an application for approval of an enterprise agreement known as the RACV METROPOLITAN PATROL SERVICES ENTERPRISE AGREEMENT 2022-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 July 2022 and, in accordance with s 54, will operate from 1 August 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Automobile Club of Victoria (RACV) Ltd applied to the Fair Work Commission for approval of the RACV Metropolitan Patrol Services Enterprise Agreement 2022-2026. The agreement, which covered employees of RACV's metropolitan patrol services, aimed to set out the terms and conditions of employment for the duration of the agreement. The application was made under section 230 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the "determination of terms and conditions of employment" and complies with the "better off overall test".

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the better off overall test, and whether the agreement was made in good faith and without coercion. The Commission also considered whether the agreement provided for the determination of terms and conditions of employment in a manner that was fair and reasonable. Additionally, the Commission examined whether the agreement included appropriate provisions for employee representation and consultation.

The Fair Work Commission found that the RACV Metropolitan Patrol Services Enterprise Agreement 2022-2026 met the requirements of the Fair Work Act and approved the agreement. The Commission found that the agreement provided for the determination of terms and conditions of employment in a manner that was fair and reasonable and that it complied with the better off overall test. The Commission also found that the agreement was made in good faith and without coercion and that it included appropriate provisions for employee representation and consultation. The Commission approved the agreement, and it will now be binding on the parties from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established