Canley Heights RSL & Sporting Club Ltd

[2019] FWCA 4499

[2019] FWCA 4499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canley Heights RSL & Sporting Club Ltd
(AG2019/237)

CHRSL&SC ENTERPRISE AGREEMENT 2019

Licensed and registered clubs
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2019

Application for approval of the CHRSL&SC Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CHRSL&SC 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 Canley Heights RSL & Sporting Club Ltd. 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.

[3] The Agreement lodged contained an error at clause 14(c), where it made reference to “Schedule B”. On 29 May 2019, the Applicant’s representative advised that the reference should be to “Schedule E” instead, and filed an amended page of the Agreement correcting this error.

[4] Section 586 of the Act provides that the Commission may allow a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms that it considers appropriate. The error referred to above is a matter of no real consequence, and has no impact upon those to be covered by the Agreement. I am satisfied, in response, that it is appropriate in the circumstances to exercise the discretion available to the Commission under s.586 in this case, and to make the correction identified in the previous paragraph.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2022.

COMMISSIONER

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Annexure A