DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Automobile Club of Tasmania Ltd
(AG2019/4407)

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

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

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

[1] The Royal Automobile Club of Tasmania Ltd has made an application for approval of an enterprise agreement known as the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 201 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Royal Automobile Club of Tasmania Limited applied for the approval of the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019. The respondents, who were the employees of the club, raised concerns about certain aspects of the proposed agreement, including provisions related to pay rates, conditions, and dispute resolution mechanisms.

The central legal issues for the Commission to decide were whether the agreement complied with the requirements of the Fair Work Act 2009, and if it could be certified as a streamlined enterprise agreement. Key considerations included whether the agreement covered all relevant employees, provided for minimum pay rates and conditions, and established fair and effective dispute resolution processes.

The Fair Work Commission examined the proposed agreement in detail and considered submissions from both parties. It found that the agreement met the statutory requirements for a streamlined enterprise agreement. The Commission was satisfied that the agreement provided for appropriate pay rates and conditions, and that the dispute resolution mechanisms were fair and effective. Accordingly, the Commission approved the agreement, certifying it as a streamlined enterprise agreement.

The final order of the Commission was that the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2019 be approved and certified as a streamlined enterprise agreement, effective from the date of the decision. This decision provides legal certainty for both the club and its employees, ensuring that the agreement is compliant with the Fair Work Act and will govern their employment relationship.

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