DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Automotive Club Queensland (RACQ)
(AG2016/6950)

RACQ (SERVICE DELIVERY) ENTERPRISE AGREEMENT 2016 - 2018

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the RACQ (Service Delivery) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RACQ (Service Delivery) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RACQ Operations Pty Ltd T/As RACQ. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Automotive Club Queensland (RACQ) applied to the Fair Work Commission for the approval of the RACQ (Service Delivery) Enterprise Agreement 2016 - 2018. The application was brought by the Fair Work Ombudsman on behalf of the Commonwealth. The nature of the dispute centred on whether the proposed agreement was in the interests of the employees and the employer, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue for the Fair Work Commission to determine was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and was fair and reasonable in all its aspects.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission considered the views of both parties and the broader implications for employees and the employer. It was determined that the agreement was fair and reasonable and did not unfairly disadvantage either party. Consequently, the Commission approved the RACQ (Service Delivery) Enterprise Agreement 2016 - 2018.

The Fair Work Commission's decision resulted in the approval of the RACQ (Service Delivery) Enterprise Agreement 2016 - 2018. This decision was made on the basis that the agreement met the legal requirements under the Fair Work Act 2009 and was fair and reasonable for both parties involved. The approval of the agreement allows it to come into effect and govern the employment conditions of the relevant employees for the specified period.

Royal Automotive Club Queensland (RACQ)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established