DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barooga Sports Club Ltd T/A Barooga Sports Club
(AG2019/649)

BSC ENTERPRISE AGREEMENT 2019

Licensed and registered clubs
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the BSC Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BSC Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barooga Sports Club Ltd T/A Barooga Sports Club. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 5 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barooga Sports Club Limited, trading as Barooga Sports Club, applied to the Fair Work Commission for approval of the BSC Enterprise Agreement 2019. The application arose out of negotiations between the club and its employees, represented by the Licensed Trade Union of Australia. The dispute centred on the terms and conditions of employment set forth in the proposed agreement. The Fair Work Commission, specifically the Full Bench, was tasked with assessing the application under the Fair Work Act 2009.

The legal issues before the court included whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether it provided for a fair and reasonable outcome for the employees, and if it complied with the "better off overall test." The court also considered whether the agreement adequately addressed any potential adverse effects on employees' terms and conditions of employment.

The Full Bench of the Fair Work Commission found that the BSC Enterprise Agreement 2019 did indeed meet the requirements for approval. The agreement was deemed to be fair and reasonable, providing a better outcome for the employees overall. The court was satisfied that the agreement was reached through genuine negotiations and that it complied with the statutory requirements. Consequently, the application was approved.

The Fair Work Commission granted the approval of the BSC Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to take all necessary steps to implement the terms of the approved agreement.

Barooga Sports Club Ltd T/A Barooga Sports Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established