Campbelltown Catholic Club Ltd T/A Campbelltown Catholic Club

Case

[2024] FWCA 416

31 JANUARY 2024


[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

  1. 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.

  1. 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.

  1. 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. 

  1. 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.

  1. 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

<AE523362  PR770772>

Annexure A – Undertakings

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