Broken Hill Sturt Club Limited

[2024] FWCA 2932

[2024] FWCA 2932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Broken Hill Sturt Club Limited

(AG2024/2055)

BROKEN HILL STURT CLUB LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2023

Licensed and registered clubs
COMMISSIONER MCKINNON	SYDNEY, 12 AUGUST 2024

Application for approval of the Broken Hill Sturt Club Limited Employee Collective Agreement 2023

1. Broken Hill Sturt Club Limited has applied for approval of a single enterprise agreement known as the Broken Hill Sturt Club Limited Employee Collective Agreement 2023 (the Agreement).

1. Employees were asked by the Club to nominate any bargaining representative by a specified date, which gave rise to a concern about whether this operated to limit the ability of employees to appoint a bargaining representative in relation to the Agreement. The Club provided submissions on the issue which resolve my concern.

1. There was separately an issue with the provision of voting information causing an irregularity in the voting process. Although employees were sent a link to vote on the proposed enterprise agreement on 22 May 2024, many either did not receive the link or received it but in their “junk” or “spam” email folder. A second link was provided to employees and the time extended for voting to 24 May 2024. This led to 23 of 27 employees voting on the Agreement, with 18 voting to approve the Agreement. I am satisfied in the circumstances that the error was a minor technical one that was not likely to disadvantage employees. I do not accept the submission from the Broken Hill Town Employees' Union to the effect that providing access to the second link was in effect a “second vote”. It was a continuation of the voting process that commenced on 22 May 2024 and one which was necessary to ensure that employees had a reasonable opportunity to vote on the Agreement in a free and informed manner. Having regard to the Statement of Principles[1], I am satisfied that the Agreement has been genuinely agreed to by the employees.

1. Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

1. With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The Agreement is approved and will operate from 19 August 2024. The nominal expiry date of the Agreement is 12 August 2028.

1. The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement covers The Broken Hill Town Employees' Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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