DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armidale City Bowling Club Ltd
(AG2018/5679)

ARMIDALE CITY BOWLING CLUB SHARED VISION ENTERPRISE AGREEMENT 2018

Licensed and registered clubs
COMMISSIONER MCKINNON	MELBOURNE, 22 MARCH 2019

Application for approval of the Armidale City Bowling Club Shared Vision Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Armidale City Bowling Club Shared Vision Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Armidale City Bowling Club Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 21 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of the Armidale City Bowling Club Shared Vision Enterprise Agreement 2018. The application was brought before the Fair Work Commission, with the respondent being the Armidale City Bowling Club Limited, and the applicant being the Fair Work Commission's registrar. The dispute arose from a need to ensure that the proposed enterprise agreement complied with the relevant statutory framework, specifically the Fair Work Act 2009.

The central legal issues the court had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly in relation to its compliance with the procedural fairness requirements. This included ensuring that the agreement was made in good faith and without coercion, and that it provided for the proper handling of any disputes that may arise under it. The court also needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, as mandated by the Act.

The Fair Work Commission examined the evidence and submissions from both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement was made in good faith and without any procedural flaws. It further found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was consistent with the objectives of the Act and was therefore approved.

The Fair Work Commission approved the Armidale City Bowling Club Shared Vision Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act. The court determined that the agreement met all necessary criteria for approval, including being made in good faith and providing for fair and reasonable terms and conditions. The decision was made in the interest of ensuring that the agreement would benefit both the employer and the employees, while also upholding the principles of procedural fairness and compliance with the Act.

Armidale City Bowling Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established