Belmont 16ft Sailing Club Limited T/A Belmont 16ft Sailing Club Limited

[2024] FWCA 3438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Belmont 16ft Sailing Club Limited T/A Belmont 16ft Sailing Club Limited

(AG2024/3341)

BELMONT 16FT SAILING CLUB LIMITED EMPLOYEES ENTERPRISE AGREEMENT 2024

Licensed and registered clubs
DEPUTY PRESIDENT SLEVIN	SYDNEY, 2 OCTOBER 2024

Application for approval of the Belmont 16ft Sailing Club Limited Employees Enterprise Agreement 2024

Belmont 16ft Sailing Club Limited T/A Belmont 16ft Sailing Club Limited has applied for approval of an enterprise agreement known as the Belmont 16ft Sailing Club Limited Employees Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

The Agreement does not contain a comprehensive delegates’ rights term, as required

by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in
Clause 32A of the Registered & Licensed Clubs Award 2020 is taken to be a term of the Agreement

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Agreement was approved on 2 October 2024 and, in accordance with s.54, will operate from 9 October 2024. The nominal expiry date of the Agreement is 2 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Belmont 16ft Sailing Club Limited, trading as Belmont 16ft Sailing Club Limited, which sought approval for its Employees Enterprise Agreement 2024. The applicants, the Club and its employees, sought to have the agreement certified as meeting the requirements of the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement complied with the various statutory provisions, including the requirement for it to be in writing, cover specified terms and conditions of employment, and be free from any unlawful content.

The Commission considered the provisions of the Fair Work Act, including sections pertaining to the content and form of enterprise agreements. It examined the agreement to ensure it met the legislative criteria for approval, such as whether it contained terms and conditions that were clear, lawful, and covered specified aspects of employment. The Commission also assessed whether the agreement was free from prohibited content and whether it had been made in accordance with the procedural requirements of the Act. The Commission found that the agreement met all the necessary criteria and did not contain any unlawful terms. It was therefore satisfied that the agreement was appropriately drafted and met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Belmont 16ft Sailing Club Limited Employees Enterprise Agreement 2024. The decision was made in accordance with the legal principles and statutory requirements set out in the Fair Work Act. The Commission's approval of the agreement ensured that the terms and conditions of employment for the Club's employees were legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established