The Royal Automobile Club of Tasmania Ltd

[2016] FWCA 1333

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Royal Automobile Club of Tasmania Ltd

(AG2015/7227)

ROYAL AUTOMOBILE CLUB OF TASMANIA LIMITED SALES AND

ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2015

Tasmania

COMMISSIONER LEE

MELBOURNE, 2 MARCH 2016

Application for approval of the Royal Automobile Club of Tasmania Limited Sales and

Administrative Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise

Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Municipal,

Administrative, Clerical and Services Union being bargaining representatives for the

Agreement, have given notice under s.183 of the Act that they want the Agreement to cover

them. In accordance with s.201(2) I note that the Agreement covers these organisations.
[2016] FWCA 1333

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

9 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1333

Annexure A

[2016] FWCA 1333

CaseChat Overview and Summary

The Royal Automobile Club of Tasmania Limited, the applicant, sought approval for the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2015 from the Fair Work Commission. The applicant, represented by The Royal Automobile Club of Tasmania Ltd, made the application under section 185 of the Fair Work Act 2009. The application was brought before Commissioner Lee, who heard the matter in Melbourne on 2 March 2016. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 186, 187, 188, and 190, and if it would cause financial detriment to any employee or result in substantial changes to the agreement.

The Commission considered the written undertakings provided by the applicant, which were satisfactory as they would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commission also noted that the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the agreement. Furthermore, the Australian Manufacturing Workers’ Union and Australian Municipal, Administrative, Clerical and Services Union, who were bargaining representatives for the agreement, had given notice under section 183 of the Act that they wanted the agreement to cover them. Based on the evidence presented, the Commission found that all the requirements of the Fair Work Act 2009 were met, and the agreement was approved.

In conclusion, the Fair Work Commission approved the Royal Automobile Club of Tasmania Limited Sales and Administrative Staff Enterprise Agreement 2015, and it will operate from 9 March 2016. The nominal expiry date of the agreement is 31 October 2018. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act 2009 and would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commission also noted that the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the agreement. The approval of the agreement ensures that the terms and conditions of employment for the sales and administrative staff of the Royal Automobile Club of Tasmania Limited are regulated and protected under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established