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

Case

[2024] FWCA 3438

2 OCTOBER 2024


[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

  1. 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.

  1. 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

  1. 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.  

  1. 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.   

  1. 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

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<AE526240  PR779824>

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