The Royal Automobile Club Of Tasmania trading as RACT

[2025] FWCA 3011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Royal Automobile Club Of Tasmania trading as RACT

(AG2025/2948)

THE ROYAL AUTOMOBILE CLUB OF TASMANIA LTD. ROADSIDE PATROL ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of The Royal Automobile Club of Tasmania Ltd. Roadside Patrol Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Royal Automobile Club of Tasmania Ltd. Roadside Patrol Enterprise Agreement 2025 (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 trading as RACT. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

I note the Agreement does not explicitly include a workplace delegates' rights term. However, as the Vehicle Repair, Services and Retail Award 2020 is incorporated per clause 4(a) of the Agreement, I am satisfied the workplace delegates’ rights term as contained in the Award is taken to be a term of the Agreement.

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.

The Agreement is approved and in accordance with s.54, will operate from 12 September 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Royal Automobile Club of Tasmania trading as RACT, sought approval of the Roadside Patrol Enterprise Agreement 2025. The dispute was heard in the Fair Work Commission, the tribunal responsible for regulating employment agreements in Australia. The applicant sought to have the proposed enterprise agreement approved as a modern award, which would mean it would apply to all roadside patrol employees of the applicant regardless of whether they were members of a union or not.

The central legal issue before the tribunal was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the tribunal needed to determine whether the agreement provided for a safety net of minimum terms and conditions of employment, whether it allowed for flexibility and adaptability in the workplace, and whether it provided for a fair and efficient process for resolving disputes. The tribunal also needed to consider whether the agreement would have a detrimental effect on the operations of the applicant.

The tribunal found that the proposed agreement complied with the requirements of the Fair Work Act. It provided for a safety net of minimum terms and conditions of employment, allowed for flexibility and adaptability in the workplace, and provided for a fair and efficient process for resolving disputes. The tribunal also found that the agreement would not have a detrimental effect on the operations of the applicant. The tribunal approved the proposed agreement as a modern award, which means it will apply to all roadside patrol employees of the applicant regardless of whether they are members of a union or not.

The tribunal made an order approving the Roadside Patrol Enterprise Agreement 2025 as a modern award. The agreement will apply to all roadside patrol employees of the applicant from 1 July 2025. The applicant is required to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to each of its roadside patrol employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established