Canberra Labor Club Limited
[2022] FWCA 138
•17 JANUARY 2022
| [2022] FWCA 138 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Canberra Labor Club Limited
(AG2021/8602)
CANBERRA LABOR CLUB LIMITED ENTERPRISE AGREEMENT 2021-2024
| Licensed and registered clubs | |
| COMMISSIONER P RYAN | SYDNEY, 17 JANUARY 2022 |
Application for approval of the Canberra Labor Club Limited Enterprise Agreement 2021-2024
Canberra Labour Club Limited (the Employer) has made an application for approval of an enterprise agreement known as the Canberra Labour Club Limited Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Form F17
The application was accompanied by an incomplete Form F17 which failed to identify the notification time for the Agreement and did not comply in all respects with s.173(2) of the Act. A complete Form F17 was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of 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.
Section 183
The United Workers Union (the UWU) 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), I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 24 January 2025.
COMMISSIONER
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