Batemans Bay Soldiers Club Limited

[2015] FWCA 3134

[2015] FWCA 3134

FAIR WORK COMMISSION

DECISION

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

Batemans Bay Soldiers Club Limited
(AG2015/2480)

BATEMANS BAY SOLDIERS CLUB LIMITED ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 6 MAY 2015

Application for approval of the Batemans Bay Soldiers Club Limited Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Batemans Bay Soldiers Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Batemans Bay Soldiers Club Limited Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 64 employees, other than Club Managers, Apprentices and Trainees who are engaged at the applicant’s club in Batemans Bay, 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 May 2014, and voting for the Agreement’s approval took place on 11 April 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 18 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 April 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Biddlestone,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 Biddlestonesaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including more flexible meal break arrangements, shorter minimum engagements for training and workplace meetings and the removal of some travel-based allowances. However, the Agreement provides for enhanced redundancy entitlements, generally longer minimum engagements, an additional public holiday and higher rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 39 respectively, and a disputes resolution procedure at clause 36 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 6 May 2015, Mr C Langton of the Registered Clubs Association of New South Walesappeared with Mr P Biddlestone and Mr M Edwards for the applicant and Mr C Acev for the Union. Mr Langton 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 the base rates of pay are to be increased by 3.5 or in accordance with the Commission’s Minimum Wage Review Decision, whichever is the higher, on 1 July 2015, 1 July 2016 and 1 July 2017. Mr Acev supported the submissions of Mr Langton. The Union 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 Batemans Bay Soldiers Club Limited Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 13 May 2015 and have a nominal expiry date of 13 May 2018.

DEPUTY PRESIDENT

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