Bowling Centres Australia Pty Ltd

[2015] FWCA 5369

[2015] FWCA 5369

FAIR WORK COMMISSION

DECISION

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

Bowling Centres Australia Pty Ltd
(AG2015/2345)

BOWLING CENTRES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 7 AUGUST 2015

Application for approval of the Bowling Centres Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bowling Centres Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Bowling Centres Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 2 April 2015. The application included a Statutory Declaration of Katherine Jane Wood made on behalf of the Employer and dated 2 April 2015 (the Declaration). The Declaration stated that the Agreement was made on 26 March 2015. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was initially listed for Hearing on 15 May 2015. However, at the request of the Employer’s representative the Hearing was re-scheduled for 9 June 2015. At the Hearing held on 9 June, Mr R Clarke together with Ms K Wood appeared for the Employer, and Mr S Crawford appeared for The Australian Workers’ Union (the AWU). The AWU had provided the Fair Work Commission (the Commission) and the Employer with written concerns regarding aspects of the Agreement. During the proceedings held on 9 June the Hearing was adjourned into conference and various aspects of concern raised by both the AWU and the Commission were discussed.

[4] During the Hearing and the conferenceheld on 9 June, Mr Clarke and Ms Wood provided some important clarifications about the concerns which had been identified and they made suggestions as to the means by which the concerns might be addressed. The Employer requested that it be given an opportunity to have further discussions with the AWU and to subsequently communicate to the Commission regarding the matter.

[5] In due course the Employer requested that the matter be re-listed for further proceedings and a further Hearing and conference was held on 15 July 2015. At the further Hearing held on 15 July the Parties were represented as on the previous Hearing. Once again the Hearing was adjourned into a conference which involved discussions regarding the prospect for the concerns which had been raised to be addressed by way of Undertakings from the Employer. The Parties were invited to continue discussions and to further consider some residual issues which had been identified.

[6] On 31 July 2015 the AWU filed a Statutory Declaration of Stephen Crawford made on behalf of the AWU as an employee organisation in relation to the application.

[7] On 3 August 2015 the Commission received correspondence from the Employer which included further material in support of the application together with Undertakings dated 3 August 2015, made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[8] The application for approval was listed for Hearing in Chambers before the Commission on 7 August 2015. In the absence of any objection to the application or request to be heard arising from the public notification of the Hearing in Chambers I have further considered the application for approval. Relevantly, I have considered the clarifications provided during the Hearings and conferences, the further material in support of the application, and the Undertakings.

[9] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearings and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[10] I note that the Agreement contains flexibility terms at clauses 114 to 118 inclusive, and consultations terms at clauses 40, 41 and 91 to 96 inclusive.

[11] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[12] The Agreement as varied by the Undertakings is approved.

[13] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[14] In accordance with subsection 54 (1) of the Act, the Agreement will operate from 14 August 2015. In accordance with sub-section 186(5) (b) of the Act and clause 3 of the Agreement, the nominal expiry date of the Agreement is 7 August 2019.

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