Broken Hill Sturt Club Ltd

[2019] FWCA 4663

[2019] FWCA 4663

FAIR WORK COMMISSION

DECISION

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

Broken Hill Sturt Club Ltd
(AG2018/7399)

BROKEN HILL STURT CLUB LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2018

Licensed and registered clubs
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 JULY 2019

Application for approval of the BROKEN HILL STURT CLUB LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement to be known as the Broken Hill Sturt Club Limited Employee Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Broken Hill Sturt Club Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 1 July 2019. A copy of the undertakings are attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Registered and Licensed Clubs Award 2010) and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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) of the Act, I note that the Agreement covers the organisation.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 11 July 2023.

DEPUTY PRESIDENT

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