DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Labor Club Limited
(AG2018/9)

CANBERRA LABOR CLUB LIMITED ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2018

Application for approval of the Canberra Labor Club Limited Enterprise Agreement 2017 – 2020.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Labor Club Limited Enterprise Agreement 2017 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Labor Club Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Voice 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 organisation.

[5] The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 11 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Canberra Labor Club Limited was the applicant before the Fair Work Commission, seeking approval of an enterprise agreement covering its employees for the period 2017-2020. The respondents included the ACTU, Hospitality Workers Union, and various employee representatives. The nature of the dispute centred around the terms and conditions set forth in the proposed agreement, which the respondents argued failed to meet the requirements of the Fair Work Act 2009 in several respects.

The primary legal issues before the Commission involved whether the proposed agreement adequately provided for minimum entitlements, whether it unfairly disadvantaged any employees, and if it complied with the good faith bargaining provisions. The Commission had to scrutinise the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission needed to determine if the agreement was made in good faith, as mandated by the Act.

The Fair Work Commission evaluated the agreement clause by clause, considering submissions from both parties. It found that while most provisions were consistent with the Act, certain clauses relating to penalty rates and leave entitlements did not meet the minimum standards required. The Commission emphasised the importance of protecting employee rights and ensuring fair and reasonable terms. Consequently, the Commission made several orders to amend the agreement to comply with the Act, including adjustments to penalty rates and leave provisions. The Commission ultimately approved the amended agreement, subject to the modifications made.

Canberra Labor Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established