Canberra Labor Club Limited

Case [2022] FWCA 138
[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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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.

  1. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

  1. 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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Details
AGLC
Canberra Labor Club Limited [2022] FWCA 138
Case
[2022] FWCA 138
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Canberra Labor Club Limited sought approval for the Canberra Labor Club Limited Enterprise Agreement 2021-2024. The dispute involved the terms and conditions of employment for the club's employees, including pay rates, hours of work, and other workplace entitlements. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including ensuring it provided for minimum terms and conditions of employment and was free from prohibited content.

The primary legal issues revolved around whether the proposed agreement complied with the statutory minimum standards, and if it contained any terms that were prohibited by law. The Commission examined the specific provisions of the agreement to ensure they did not undermine the basic entitlements of employees as set out in the National Employment Standards. The club argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions did not align with the statutory minima and contained unfair elements.

After thorough consideration, the Commission found that while the majority of the proposed agreement met the statutory requirements, several provisions did not comply with the minimum standards. These provisions were deemed to be unfair as they did not meet the necessary benchmarks for pay and conditions. Consequently, the Commission made orders to modify the agreement to ensure it adhered to the Fair Work Act. The final orders required the club to revise specific terms to reflect the minimum standards and to remove any content that was considered prohibited.

The decision highlights the importance of ensuring that enterprise agreements comply with the legislative framework designed to protect employees' rights. The Commission's ruling underscores the need for careful drafting of agreements to avoid non-compliance and potential legal challenges. The case serves as a reminder for employers and unions to engage in good faith negotiations to produce agreements that are fair, reasonable, and in line with the statutory requirements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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