Campbelltown Catholic Club Ltd

[2014] FWCA 2333

[2014] FWCA 2333

FAIR WORK COMMISSION

DECISION

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

Campbelltown Catholic Club Ltd
(AG2014/5113)

CAMPBELLTOWN CATHOLIC CLUB EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 10 APRIL 2014

Application for approval of the Campbelltown Catholic Club Employee Collective Agreement 2014-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Campbelltown Catholic Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Campbelltown Catholic Club Employee Collective Agreement 2014-2018 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 328 employees who are employed in hospitality, fitness and greenkeeper related activities at the applicant’s Club in Campbelltown, New South Wales. It does not cover Club managers, trainees and employees of the Rydges Hotel Campbelltown. 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 10 June 2013, and voting for the Agreement’s approval took place between 14 and 16 March 2014. The time limits under s 181(2) of the Act are thereby satisfied. In the vote, 204 of the 219 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 27 March 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Teeling, Human Resource Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award 2004 [AN120136] and the Bowling and Golf Clubs Employees (State) Award [AN120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Teelingsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including less generous overtime entitlements, the removal of travel allowances where an employee works at unsociable hours and a requirement for employees to take at least two weeks annual leave per year. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including longer minimum engagements, community service leave and higher rates of pay. It was also said that other benefits included the ability to cash out personal and annual leave in certain circumstances. Rates of pay are to be increased in July each year by 2% or in accordance with the Commission’s Minimum Wage Review Decisions, whichever is the higher. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 18 and 41 respectively, and a disputes resolution procedure at clause 38 provides for private mediation by an independent third party and conciliation by the Commission.

[4] At a hearing of the application on 7 April 2014, Mr C Langton and Mr P Willink of ClubsNSW,appeared with Ms J Teeling for the applicant and Mr C Acev for the Union. The Union had filed a Declaration in relation to the application (Form 18) 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. However, the Declaration also indicated that the Union did not support the approval of the Agreement as it did not provide for night shift penalty rates and the Union had not been provided with any calculations to demonstrate that the BOOT had been satisfied. Mr Langton outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He drew attention to the example of a Level 3 Bar Employee and submitted that the rates of pay under the Agreement meant that this employee would be ‘better off’ when working on night shifts, even after having taken into account the removal of night shift penalty rates. Overall, the rates of pay under the Agreement are between 5.2% and 8.8% higher than those under the reference instruments. Mr Acev accepted these calculations and withdrew the Union’s objection to the Agreement’s approval.

[5] Having heard the parties’ submissions and upon reviewing 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 Campbelltown Catholic Club Employee Collective Agreement 2014-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 14 April 2014 and have a nominal expiry date of 13 April 2018.

DEPUTY PRESIDENT

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