DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Southern Cross Club Limited
(AG2019/4957)

CANBERRA SOUTHERN CROSS CLUB ENTERPRISE AGREEMENT 2019

Licensed and registered clubs
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MAY 2020

Application for approval of the Canberra Southern Cross Club Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Southern Cross Club Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Southern Cross Club Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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.

[4] 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.

[5] The United Workers’ Union 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.

[6] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Canberra Southern Cross Club Limited involved an application for the approval of the Canberra Southern Cross Club Enterprise Agreement 2019. The application was lodged by the Fair Work Commission (FWC) and the employer, Canberra Southern Cross Club Limited, was the respondent. The dispute arose from negotiations over the terms and conditions of employment for the club's employees, which were intended to be regulated by the proposed agreement. The FWC was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement provided for a safety net of minimum entitlements, complied with the procedural requirements for making an enterprise agreement, and did not include any terms that were contrary to public policy. The employer argued that the proposed agreement, while generally fair, included certain provisions that could potentially contravene public policy, particularly in relation to the employment of individuals with criminal records.

In determining the matter, the FWC considered the provisions of the proposed agreement and the relevant legal frameworks. The FWC found that the agreement provided an appropriate safety net of minimum entitlements and complied with procedural requirements. However, the FWC also identified certain provisions that could potentially contravene public policy. After careful consideration, the FWC determined that the agreement could be approved with modifications to those provisions to ensure compliance with public policy. The modifications included removing clauses that imposed undue restrictions on the employment of individuals with criminal records.

The FWC approved the Canberra Southern Cross Club Enterprise Agreement 2019 with the aforementioned modifications, ensuring it met all necessary legal requirements. The employer was directed to implement the approved agreement, which would now regulate the terms and conditions of employment for the club's employees.

Canberra Southern Cross 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