Blacktown Workers Club Ltd t/as Blacktown Workers Club Group

[2014] FWCA 7208

[2014] FWCA 7208

FAIR WORK COMMISSION

DECISION

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

Blacktown Workers Club Ltd t/as Blacktown Workers Club Group
(AG2014/9164)

BLACKTOWN WORKERS CLUB MANAGERS ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 14 OCTOBER 2014

Blacktown Workers Club Managers Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Blacktown Workers Club Ltd t/as Blacktown Workers Club Group (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 Managers Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with Club Managers Association Australia (the ‘Union’) and is to cover 16 employees who are employed as Club Managers at the applicant’s Club in Blacktown, 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 5 December 2013, and voting for the Agreement’s approval took place on 9 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 15 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 September 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Stewart, Operations Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Managers’ (State) Award 2006 [AN120138] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Stewartsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including less generous higher duties entitlements, the removal of penalty rates if meal breaks are not taken within five hours of the commencement of a shift and no penalty rates for work performed between 7:00pm and 7:00am. However, the Agreement provides for a number of terms and conditions that are in excess of those under the reference instruments, including higher rates of pay, a set span of hours of 12 hours, minimum breaks between shifts of ten hours, emergency services and reserved forces leave and four weeks notice for employees with more than 6 months notice. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 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 8 October 2014, Mr P Willink of the Registered Clubs Association of New South Wales,appeared with Mr M Stewart for the applicant and Mr P Cooper for the Union. 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. Mr Willink 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 rates of pay were significantly in excess of those under the reference instruments and that rates of pay are to be increased by 2.5% or in accordance with the Commission’s Minimum Wage Review Decisions, whichever is the greater. Mr Cooper supported the submissions of Mr Willink and noted the strong support of the Agreement by the Union’s members.

[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 Managers Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 15 October 2014 and have a nominal expiry date of 14 October 2018.

DEPUTY PRESIDENT

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