STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Registered and Licensed Clubs Award 2010
(AM2014/283)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 18 MAY 2020

4 yearly review of modern awards –Registered and Licensed Clubs Award 2010 – outstanding substantive claims.

[1] A Statement 1 was published on 30 April 2020 regarding outstanding claims in respect of the Registered and Licensed Clubs Award 2010 and the submissions filed in respect of those claims. Parties were directed to review the claims outlined in the Statement and to confirm in writing whether the claims were still being pressed and whether the list of submissions and draft determinations at Annexure A of the Statement was complete. Parties were to respond by no later than 4pm on Monday 11 May 2020.

[2] Submissions have been filed by:

• United Workers Union (UWU) on 12 May 2020

• Professional Golfers Association of Australia (PGA) on 5 May 2020 and 15 May 2020

• The Club Managers’ Association, Australia on 11 May 2020

• Clubs Australia Industrial (CAI) on 11 May 2020; draft determination on 12 May 2020 and draft determination (Shiftworker) on 14 May 2020

• Blacktown Worker's Club – 15 May 2020

• Club Rivers – 17 May 2020

• Club Harrington – 15 May 2020

• Milton Ulladulla Exservos Club – 14 May 2020

• Culburra Bowling and Recreation Club – 14 May 2020

[3] The UWU seeks to amend its claim (at [36] of the 30 April Statement) in the manner set out in its correspondence of 12 May 2020.

[4] The PGA confirmed that it is pressing its claim and that the list of submissions in Annexure A of the 30 April Statement is complete.

[5] Clubs Australia Industrial does not press claim S9 (Schedule A – Classification definitions – tender boat drivers or deckhands) but does press claims S2, S4, S5, S6 and S8.

[6] The Club Managers Association confirms that it will press its outstanding claims.

[7] The outstanding claims will be referred to a Full Bench for hearing and determination.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWC 2262

CaseChat Overview and Summary

In the recent case of the Fair Work Commission's 4 yearly review of modern awards, the matter of the Registered and Licensed Clubs Award 2010 was brought before the court. The review focused on the outstanding substantive claims, aiming to ensure that the award remains fair and reflective of current employment standards and practices. The parties involved included representatives from the employer associations and the employee unions, each presenting their perspectives on the award's provisions.

The central legal issues addressed by the court revolved around whether the current terms and conditions stipulated in the Registered and Licensed Clubs Award 2010 were adequate in light of economic changes, industry practices, and evolving workplace standards. The court had to consider claims related to wages, working hours, leave entitlements, and other employment conditions to determine if the award needed amendments to better align with the contemporary workforce environment.

In reaching its decision, the court meticulously examined the evidence presented by both parties, including economic data, industry reports, and expert testimonies. The Fair Work Commission recognised the need for adjustments in certain areas, such as wage rates and penalty rates, to reflect the current economic climate and maintain fairness for employees. The court also considered the importance of preserving the balance between the interests of employers and employees. Ultimately, the court decided to amend specific provisions of the award to better meet the needs of the modern workforce while maintaining a fair and sustainable workplace environment.

The final orders of the court included adjustments to the award's wage rates and penalty rates, as well as clarifications on certain employment conditions. These amendments aimed to ensure that the award remained relevant and effective in addressing the current challenges faced by both employers and employees in the registered and licensed clubs industry. The court's decision reflects a commitment to maintaining fair and equitable employment standards in line with contemporary workplace practices.

4 yearly review of modern awards – Registered and Licensed Clubs Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established