Blacktown Workers Club Limited

[2017] FWCA 2291

[2017] FWCA 2291

FAIR WORK COMMISSION

DECISION

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

Blacktown Workers Club Limited
(AG2017/1093)

BLACKTOWN WORKERS CLUB EMPLOYEES ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 26 APRIL 2017

Application for approval of the Blacktown Workers Club Employees Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Blacktown Workers Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Blacktown Workers Club Employees Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with United Voice, Liquor and Hospitality Division (the ‘Union’) and is to cover 206 employees who are engaged in the applicant’s premises in Blacktown, NSW. 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 29 December 2015 and voting for the Agreement’s approval took place from 17 to 20 March 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 140 of the 144 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 31 March 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms S Fletcher, Group Human Resources Manager identified the Registered and Licensed Clubs Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Fletchersaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument. These include higher rates of pay (of between 6 to 11%), more predictable working hours for full-time and part-time employees, enhanced overtime provisions, higher allowances, paid family support leave, as well as a number of other provisions. Rates of pay are to be increased by 2.5% or the Commission’s Minimum Wage Review decision, whichever the greater, effective 1 July 2018, 1 July 2019 and 1 July 2020 with a minimum of 3% being paid during 2017. Ms Fletcher also said that the Agreement provides for some terms which are less beneficial than the reference instrument, including a reduced loading for early and late work from Monday to Friday and a requirement for all employees to take at least two weeks annual leave per year. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 11 and 22 and 40 respectively, and a disputes resolution procedure at clause 37 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 April 2017, Ms L Pike, of the Registered Clubs Association of NSWappeared for the applicant with Ms S Fletcher and Mr C Acev appeared for the Union. Ms Pike 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. 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 parties’ 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 Blacktown Workers Club Employees Enterprise Agreement. Pursuant to s 54 of the Act, the Agreement shall operate 26 April 2017 and have a nominal expiry date 19 April 2021.

DEPUTY PRESIDENT

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