DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Royal Automobile Club of Tasmania Ltd
(AG2020/1549)

ROYAL AUTOMOBILE CLUB OF TASMANIA LIMITED SALES AND ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2020

Application for variation of the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019 (the Agreement). The application was made by The Royal Automobile Club of Tasmania Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Automobile Club of Tasmania Ltd was the subject of an application before the Fair Work Commission for a variation of the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019. The application was brought by the employer, seeking changes to the enterprise agreement to include provisions related to the use of personal electronic devices by employees. The dispute centred on the employer's request for increased flexibility in the use of personal electronic devices by employees, which was opposed by the union representing the employees.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were within the scope of the existing agreement, whether the changes were in line with the principles of good faith bargaining, and whether the changes would have a detrimental effect on the employees' conditions of employment. The Commission had to determine whether the changes sought by the employer were necessary and reasonable in the context of modern workplace practices, and whether the union's opposition to the changes was justified.

In its decision, the Commission found that the proposed changes to the enterprise agreement were within the scope of the existing agreement and were necessary and reasonable in the context of modern workplace practices. The Commission noted that the use of personal electronic devices had become increasingly common in the workplace, and that the changes sought by the employer would not have a detrimental effect on the employees' conditions of employment. The Commission also found that the employer had engaged in good faith bargaining with the union, and that the union's opposition to the changes was not justified. The Commission therefore granted the application for variation of the enterprise agreement.

The final orders of the Commission included the incorporation of provisions related to the use of personal electronic devices by employees into the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019. The Commission also ordered that the employer and the union undertake further negotiations to address any other outstanding issues related to the enterprise agreement.

The Royal Automobile Club of Tasmania Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established