Armidale City Bowling Club Ltd

[2015] FWCA 825

[2015] FWCA 825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 210 - Application for approval of a variation of an enterprise agreement

Armidale City Bowling Club Ltd
(AG2015/1665)

ARMIDALE CITY BOWLING CLUB SHARED VISION ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 5 FEBRUARY 2015

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

[1] An application has been made by the Armidale City Bowling Club Ltd (the ‘applicant’ or the ‘Club’), pursuant to s 210 of the Fair Work Act 2009 (the ‘Act’) for approval of a variation to a single enterprise agreement known as the Armidale City Bowling Club Shared Vision Enterprise Agreement (the ‘Agreement’). The Agreement currently covers 50 employees at the applicant’s Club in Armidale, New South Wales. The effect of the variations sought are to extend coverage of the Agreement to the Club’s Maintenance and Horticultural employees, who were previously covered by the Registered and Licensed Clubs Award 2010.

[2] In the Employer’s Declaration in support of the application (Form F23A), Mr P Crick, Chief Executive Officer, advised that staff meetings were held on 17 December 2014 at which all staff were given copies of the Agreement and the effect of the variation was explained to staff. Staff who were unable to attend this meeting were given copies and had the effects of the variation explained to them on an individual basis. Staff were advised of the ballot on 24 December 2014 by way of notices placed on the electronic and physical noticeboards. In a ballot conducted between 24 and 26 December 2014, all 50 of the employees covered by the Agreement agreed to approve the proposed variation (ss 207, 208, 209). I am satisfied that the employees have agreed to the variation of the Agreement (ss 211(3)(c), 188). The application was lodged on 8 January 2015, therefore satisfying 210(3)(a) of the Act.

[3] At a hearing of the application on 27 January 2015, Mr M Ushakoff of the Registered and Licensed Clubs Association of New South Wales appeared with Mr P Crick for the applicant. Mr Ushakoff set out the background to the variations sought and submitted that their inclusion in the Agreement should be approved. Mr Ushakoff explained that the variation would affect two maintenance employees currently employed by the Club and that the applicant had decided to extend the coverage of the Agreement to these employees so as to maintain part time flexibility provisions.

[4] Section 211(1) of the Act provides that the Commission must approve a variation made pursuant to s 210, if:

‘(a) the FWC is satisfied that had an application been made under section 185 for the approval of the agreement of the agreement as proposed to be varied, the FWC would have been required to approve the agreement under section 186; and

(b) the FWC is satisfied that the agreement as proposed to be varied would not specify a date as its nominal expiry date which is more than 4 years after the day on which the FWC approved the agreement;

unless the FWC is satisfied that there are serious public interest grounds for not approving the variation.’

[5] Having reviewed the pre-approval process documentation and the proposed variation, I am satisfied that all of the requirements of the Act, in particular ss 207, 208, 209, 210 and 211 of the Act, in so far as relevant to this application, have been met. Specifically, I am satisfied there are no public interest grounds (let alone serious ones) for not approving the variation. Accordingly, I approve the proposed variation to the Armidale City Bowling Club Shared Vision Enterprise Agreement. Pursuant to s 216 of the Act, the variation shall take effect on 5 February 2015 and remain in force until the Agreement is rescinded or replaced.

DEPUTY PRESIDENT

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