Canberra Labor Club Limited

[2013] FWCA 8115

[2013] FWCA 8115

FAIR WORK COMMISSION

DECISION

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

Canberra Labor Club Limited
(AG2013/10785)

CANBERRA LABOR CLUB LIMITED ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 17 OCTOBER 2013

Application for approval of the Canberra Labor Club Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Canberra Labor Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Canberra Labor Club Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’). The Agreement is to cover 120 employees, excluding management, who are engaged at the applicant’s Clubs at a number of locations in the Australian Capital Territory. 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 between 4 April 2013, and voting for the Agreement’s approval took place 19 September and 1 October 2013. The time limits under s 181(2) of the Act are thereby satisfied. 16 of the 17 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 October 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G Wallace, Chief Operating Officer identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Liquor Industries Hotels, Hostels, Clubs and Boarding Establishments etc. (Australian Capital Territory) Award, 1998 [AP787017] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Wallacesaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for rates of pay that are between 5-7% higher than those in the reference instruments, enhanced superannuation payments linked to length of service and increases to rates of pay linked to length of service. Rates of pay are to be increased by 2.8% on 1 July 2013, 1 July 2014 and 1 July 205. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 14 respectively, and a disputes resolution procedure at clause 22 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 October 2013, Mr G Arnold of Clubs Australia,appeared with Mr G Wallace (Chief Operating Officer), Mr A Roufogalis (Chief Executive Officer) and Mr G Kent (Chief Financial Officer) for the applicant and Mr G Coburn for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and 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. Mr Arnold 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 said that the increase due to employees on 1 July 2013 had already been paid. There was a general discussion of the extremely low turnout of employees voting for the Agreement and the reasons why this was so. Mr Coburn supported the submissions of Mr Arnold.

[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 Canberra Labor Club Limited Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 23 October 2013 and have a nominal expiry date of 23 October 2016.

DEPUTY PRESIDENT

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