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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Broken Hill Sturt Club Limited, the applicant, sought approval of the Broken Hill Sturt Club Limited Employee Collective Agreement 2018. The dispute arose as the applicant claimed the agreement complied with the relevant provisions of the Fair Work Act 2009, while the respondent, the Australian Services Union, argued that the agreement did not comply with certain aspects of the Act.

The primary legal issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act, particularly focusing on the provisions regarding minimum wage rates, penalty rates, and the process for resolving disputes. The Commission had to determine if the agreement contained all necessary terms and conditions of employment as mandated by the Act and if the agreement adhered to the proper bargaining and dispute resolution processes.

The Commission found that while the agreement contained most of the required terms and conditions, it did not explicitly outline certain minimum wage rates and penalty rates as required by the Act. Despite this, the Commission noted the agreement included provisions for calculating wages and conditions, which were in line with the Act’s requirements. The Commission also found that the dispute resolution process outlined in the agreement was compliant with the Fair Work Act. Consequently, the Commission decided to approve the agreement with modifications to explicitly state the missing wage rates and penalty rates.

The final order was that the Broken Hill Sturt Club Limited Employee Collective Agreement 2018 be approved, subject to the conditions that the missing wage rates and penalty rates be clearly stated in the agreement within a specified timeframe.

Broken Hill Sturt Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established