Broken Hill Musicians Club Ltd

[2019] FWC 1483

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Broken Hill Musicians Club Ltd

(AG2019/10)

Broken Hill Musiciains Club Ltd Enterprise Agreement 2018

Licensed and registered clubs
Commissioner Johns	SYDNEY, 6 MARCH 2019

Application for approval of the Broken Hill Musicians Club Limited Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Broken Hill Musicians Club Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broken Hill Musicians Club Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Broken Hill Town Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 12 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broken Hill Musicians Club Limited applied to the Fair Work Commission for approval of an enterprise agreement. The respondents to the application were the Musicians Union of Australia and various employers. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement. The Fair Work Commission heard the matter.

The central legal issues were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including the ‘better off overall test’ and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The commission needed to determine whether the agreement provided employees with a safety net of minimum wages and conditions and whether it was fairly negotiated.

The Fair Work Commission examined the proposed agreement against the statutory criteria. It considered the bargaining positions of the parties, the negotiation process, and the fairness of the agreement's terms. The commission found that the agreement met the better off overall test and did not disadvantage employees in terms of wages and conditions. It also found that the agreement was fairly negotiated and met all statutory requirements. As such, the commission approved the enterprise agreement.

The Fair Work Commission approved the Broken Hill Musicians Club Limited Enterprise Agreement 2018. The decision was made in light of the agreement's compliance with the statutory requirements and its fairness to both employers and employees. The commission's approval signified that the agreement could now be implemented, providing a new framework for the employment terms and conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established