DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The NRMA Limited
(AG2021/5891)

NRMA CONTACT CENTRE ENTERPRISE AGREEMENT 2021

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 JULY 2021

Application for approval of the NRMA Contact Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the NRMA Contact Centre Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The NRMA Limited (Employer). The Agreement is a single enterprise agreement.

[1] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU/USU).

[2] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2021. The nominal expiry date of the Agreement is 13 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant NRMA Limited sought approval for the NRMA Contact Centre Enterprise Agreement 2021. The respondent, the NRMA Employees Union, objected to the approval on the grounds that it did not meet the requirements of the Fair Work Act 2009. The dispute centred around specific clauses in the agreement, particularly those concerning employee entitlements, leave provisions, and the negotiation process itself.

The central legal issues before the Commission involved whether the agreement was genuinely negotiated, whether it complied with the relevant legislative framework, and if it provided adequate protections for the employees. The Commission needed to determine if the agreement met the statutory criteria for enterprise agreements and if it provided for fair terms and conditions of employment.

After examining the submissions and evidence presented by both parties, the Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission noted that while there were some areas of contention, the overall agreement was in compliance with the requirements of the Fair Work Act. The Commission also found that the negotiation process, while not perfect, was sufficiently robust to meet the statutory standards. Consequently, the Commission approved the NRMA Contact Centre Enterprise Agreement 2021.

The Fair Work Commission's final orders included the approval of the NRMA Contact Centre Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until the next scheduled review or termination.

The NRMA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established