Ballina Bowling and Recreation Club Ltd

[2015] FWCA 4736

[2015] FWCA 4736

FAIR WORK COMMISSION

DECISION

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

Ballina Bowling and Recreation Club Ltd
(AG2015/3740)

CHERRY STREET SPORTS ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 13 JULY 2015

Application for approval of the Cherry Street Sports Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ballina Bowling and Recreation 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 Cherry Street Sports Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and five nominated Employee Bargaining Representatives (EBRs). The Agreement is to cover 27 employees, other than Club Managers, who are employed at the applicant’s Club in Ballina, 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 20 November 2014, and voting for the Agreement’s approval took place between 18 and 26 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 23 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Sheehan, Chief Executive Officer, identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Sheehansaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including an entitlement to meal breaks after 6, rather than 5 hours of work and flexible shift finishing times for part time and casual employees. However the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, longer minimum engagements and enhanced compassionate leave entitlements. It was also said that the ability to cash out annual and personal leave in certain circumstances constituted another benefit. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 14 and 40 respectively, and a disputes resolution procedure at clause 37 provides for conciliation, mediation and arbitration by the Commission.

[4] At a hearing of the application on 10 July 2015, Mr G Arnold of Effective Workplace Solutionsappeared with Mr T Sheehan for the applicant and Mr P McDermott appeared in his capacity as EBR. Mr Arnold 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 by 3% on 1 July 2015, 1 July 2016 and 1 July 2017 and that the first of these increases had already been paid. Mr McDermott supported the submissions of Mr Arnold and indicated that he was happy with the Agreement. The Union did not appear, but had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[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 Cherry Street Sports Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 17 July 2015 and have a nominal expiry date 17 July 2018.

DEPUTY PRESIDENT

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