Campbelltown Catholic Club Ltd T/A Campbelltown Catholic Club

[2024] FWCA 416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Campbelltown Catholic Club Ltd T/A Campbelltown Catholic Club

(AG2023/5319)

CAMBELTOWN CATHOLIC CLUB EMPLOYEE COLLECTIVE AGREEMENT 2003

Hospitality industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 31 JANUARY 2024

Application for approval of the Campbelltown Catholic Club Employee Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Campbelltown Catholic Club Employee Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campbelltown Catholic Club Trading as Campbelltown Catholic Club (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Campbelltown Catholic Club Ltd T/A Campbelltown Catholic Club applied to the Fair Work Commission for the approval of the Campbelltown Catholic Club Employee Collective Agreement 2023. The application was made under section 185 of the Fair Work Act 2009. The club provided written undertakings, which were considered by the Deputy President. The United Workers Union (UWU) sought to have the agreement cover its members. The Deputy President was satisfied that the agreement met the requirements of the Act and approved it, with the nominal expiry date set for 31 January 2028.

The key legal issues in this case involved whether the agreement met the necessary requirements under the Fair Work Act 2009 for approval, and whether it adequately covered the employees represented by the UWU. The Deputy President examined the written undertakings provided by the club to determine if they would cause financial detriment to employees or result in substantial changes to the agreement. The Deputy President also needed to consider if the agreement contained a model flexibility term compliant with the Act, and whether the agreement covered the UWU as intended.

In reaching the decision, the Deputy President found that the written undertakings provided by the club did not cause financial detriment to employees and did not result in substantial changes to the agreement. The Deputy President concluded that the agreement met all the necessary requirements under sections 186, 187 and 188 of the Act. Additionally, the Deputy President determined that the model flexibility term prescribed by the Fair Work Regulations 2009 would be a term of the agreement. The Deputy President also found that the agreement did cover the UWU, as per the statutory declaration lodged by the union.

The Fair Work Commission approved the Campbelltown Catholic Club Employee Collective Agreement 2023, subject to the written undertakings. The agreement will operate in accordance with section 54 of the Fair Work Act 2009, with a nominal expiry date of 31 January 2028. The Deputy President's decision ensures that the agreement is compliant with the Act and adequately covers the employees represented by the United Workers Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established