Canley Heights RSL & Sporting Club Ltd

[2023] FWCA 631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Canley Heights RSL & Sporting Club Ltd

(AG2023/214)

CHRSL&SC Enterprise Agreement 2023

Licensed and registered clubs
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 FEBRUARY 2023

Application for approval of the CHRSL&SC Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CHRSL&SC Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 March 2023. The nominal expiry date of the Agreement is 26 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Canley Heights RSL & Sporting Club Limited applied to the Fair Work Commission for approval of the CHRSL&SC Enterprise Agreement 2023, which would apply to its employees. The applicants and respondents included various employee representatives and employers. The application was made under section 233 of the Fair Work Act 2009, and the dispute involved the procedural fairness of the application process and the potential impact on employees' rights.

The legal issues centred on whether the application process was conducted in a procedurally fair manner and whether the proposed agreement met the statutory requirements for approval. Specifically, the court had to determine if the application was handled in accordance with the principles of natural justice and procedural fairness. Additionally, the court examined whether the agreement provided adequate protections for employees and complied with relevant laws.

The Fair Work Commission found that the application process was procedurally fair and that the proposed agreement did not infringe upon employees' rights. The commission highlighted that all parties had an opportunity to be heard and that the process adhered to the principles of natural justice. The commission also determined that the agreement provided sufficient protections for employees and complied with the relevant statutory provisions. Consequently, the application was approved.

The final orders included the approval of the CHRSL&SC Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees. The decision underscored the importance of procedural fairness in the application process and the need for agreements to comply with legal standards to ensure employee protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established