DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automobile Club of Victoria (RACV) Ltd.
(AG2017/2821)

RACV MEMBERLINE/SSS ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2017

Application for approval of the RACV Memberline/SSS Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RACV Memberline/SSS Enterprise 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 Club of Victoria (RACV) Ltd. 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 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 October 2017 and, in accordance with s.54, will operate from 18 October 2017. 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 Royal Automobile Club of Victoria (RACV) Limited recently faced an application before the Fair Work Commission for approval of the RACV Memberline/SSS Enterprise Agreement 2017. This agreement was contested by the Australian Council of Trade Unions (ACTU) on behalf of the employees, while RACV argued in favour of its approval. The dispute centred on the fairness and compliance of the proposed agreement with relevant industrial and legal standards.

The central legal issues before the Commission were whether the agreement met the necessary criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated in good faith between the parties. The fairness of the agreement in terms of its impact on employees, including their wages, working conditions, and other entitlements, was also scrutinized.

In its decision, the Commission carefully examined the evidence and submissions provided by both parties. The Commission noted that the agreement contained provisions for wages, working hours, leave entitlements, and other terms and conditions that appeared to be generally consistent with industry standards. The evidence suggested that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to reach a compromise. After considering all the arguments and evidence, the Commission concluded that the RACV Memberline/SSS Enterprise Agreement 2017 met the criteria for approval under the Fair Work Act. The agreement was thus approved and registered, effective from the specified date.

The final orders included the approval and registration of the RACV Memberline/SSS Enterprise Agreement 2017, ensuring that it would govern the terms and conditions of employment for the relevant employees from the effective date. The Commission's decision was communicated to both parties, and the agreement was officially registered with the Fair Work Commission.

Royal Automobile Club of Victoria (RACV) Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established