Armidale City Bowling Club Ltd

[2014] FWCA 7354

[2014] FWCA 7354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Armidale City Bowling Club Ltd
(AG2014/7757)

ARMIDALE CITY BOWLING CLUB SHARED VISION ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 17 OCTOBER 2014

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

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Armidale City Bowling Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Armidale City Bowling Club Shared Vision Enterprise Agreement (the ‘Agreement’). The Agreement is to cover 50 employees who are engaged in food and beverage, gaming and entertainment roles at the applicant’s Club in Armidale, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 8 August 2014, and voting for the Agreement’s approval took place between 21 and 28 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 50 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 3 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Crick, Chief Executive Officer, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award [AN120136] and the Club Managers’ (State) Award 2006 [AN120138] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Cricksaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including an entitlement to overtime for part-time staff after working 152, rather than 148 hours per four week period, the ability for the employer to direct employees to take annual leave if they have accrued more than six weeks and a less generous vehicle allowance. However, the Agreement provides a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, longer minimum engagements for split shifts, the entitlement to a 15% loading for part-time employees and 33% for casual employees, more generous shoe and laundry allowances and enhanced severance entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 41 respectively, and a disputes resolution procedure at clause 38 erroneously provides for conciliation and arbitration by Fair Work Australia, which I take to be a reference to the Commission.

[4] At a hearing of the application on 15 October 2014, Mr M Ushakoff of the Registered Clubs Association of New South Walesappeared with Mr P Crick for the applicant. Mr Ushakoff outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased on 1 July of each year in accordance with the Australian Consumer Price Index, subject to the ability of the Board of Directors to reduce these increases if they have concerns as to the disparity between the Modern Award rates and the Agreement rates.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Armidale City Bowling Club Shared Vision Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 22 October 2018 and have a nominal expiry date of 21 October 2018.

DEPUTY PRESIDENT

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