Broken Hill Musicians Club Limited (subject to Deed of Company Arrangement)

[2015] FWCA 1205

[2015] FWCA 1205

FAIR WORK COMMISSION

DECISION

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

Broken Hill Musicians Club Limited (subject to Deed of Company Arrangement)
(AG2015/1745)

BROKEN HILL MUSICIANS CLUB LTD ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 19 FEBRUARY 2015

Application for approval of the Broken Hill Musicians Club Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Broken Hill Musicians Club Limited (subject to Deed of Company Arrangement) (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Broken Hill Musicians Club Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Broken Hill Town Employees’ Union (the ‘Union’) and is to cover 28 employees, other than apprentices and trainees and the General Manager, who are employed at the applicant’s Club in 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 30 November 2014 and voting for the Agreement’s approval took place on 15 and 16 January 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 19 of the 22 employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 January 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Brennan, Administrator, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award [AN120136] 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 Brennansaid that the Agreement provided for five weeks annual leave for all permanent employees and for 13 weeks long service leave after ten years. There are no less terms or conditions less beneficial than those under the reference instruments. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 42 respectively, and a disputes resolution procedure at clause 40 provides for conciliation, mediation and consent arbitration by the Commission.

[4] The Union has 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 reviewed 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 Broken Hill Musicians Club Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act and in accordance with my communication with the parties on 12 February 2015, the Agreement shall operate from 19 February 2015 and have a nominal expiry date of 19 February 2017.

DEPUTY PRESIDENT

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