DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blacktown Workers Club Limited
(AG2019/3739)

BLACKTOWN WORKERS CLUB GREENSKEEPERS ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Blacktown Workers Club Greenskeepers Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 6 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Blacktown Workers Club Greenskeepers Enterprise Agreement. The applicant, Blacktown Workers Club Limited, sought the approval of the Fair Work Commission. The Greenskeepers, represented by the Retail and Fast Food Workers Union, contested the application, raising concerns about the terms of the proposed agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning minimum terms and conditions. The Greenskeepers argued that the proposed agreement failed to provide adequate protections for their members, including issues relating to working hours, overtime, and penalty rates.

In considering the matter, the Commission examined the provisions of the proposed agreement against the statutory minimum standards set out in the Fair Work Act. The Commission determined that, while some aspects of the agreement did not meet the minimum standards, others were compliant. Ultimately, the Commission concluded that the proposed agreement, with certain modifications, could be approved as it met the majority of the statutory requirements. The Commission ordered amendments to be made to the agreement to ensure compliance with the minimum terms and conditions, and directed that the modified agreement be put to a vote among the Greenskeepers.

Following the modifications, the Commission approved the Blacktown Workers Club Greenskeepers Enterprise Agreement, subject to the conditions outlined in the decision. The Greenskeepers were required to vote on the modified agreement, and if approved, it would become a legally binding enterprise agreement between the club and the union.

Blacktown Workers Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established