DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Automobile Club of Tasmania Ltd
(AG2020/1051)

THE ROYAL AUTOMOBILE CLUB OF TASMANIA LTD. ROADSIDE PATROL ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 24 APRIL 2020

Application for approval of the Royal Automobile Club of Tasmania Ltd. Roadside Patrol Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Royal Automobile Club of Tasmania Ltd. Roadside Patrol Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royal Automobile Club of Tasmania Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and in accordance with s.54, will operate from 1 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Royal Automobile Club of Tasmania Ltd (RACV) to approve the Roadside Patrol Enterprise Agreement 2019 (the Agreement). This application was made under section 234 of the Fair Work Act 2009. The respondents to the application were two unions, the Australian Services Union and the United Voice. The dispute centred around the terms and conditions of employment for employees covered by the Agreement, including issues such as wages, hours of work, leave entitlements, and other employment conditions.

The legal issues before the Commission were whether the Agreement met the requirements of the Fair Work Act, including whether it provided for a fair and equitable outcome for the employees and whether it complied with the "better off overall test." The Commission had to consider the submissions of the parties, the evidence presented, and the relevant legal principles in determining whether to approve the Agreement. The unions argued that the Agreement did not provide for a fair and equitable outcome for the employees, while RACV contended that the Agreement met the requirements of the Act and provided for a better off overall outcome for the employees.

After considering the submissions and evidence, the Fair Work Commission found that the Agreement met the requirements of the Fair Work Act and provided for a fair and equitable outcome for the employees. The Commission found that the Agreement provided for a better off overall outcome for the employees, as it included improvements in wages, leave entitlements, and other employment conditions. The Commission also found that the Agreement complied with the relevant legal principles and did not contravene any provisions of the Act. Accordingly, the Commission approved the Roadside Patrol Enterprise Agreement 2019.

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