Canterbury Hurlstone Park RSL Club Limited

[2016] FWCA 7645

[2016] FWCA 7645

FAIR WORK COMMISSION

DECISION

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

Canterbury Hurlstone Park RSL Club Limited
(AG2016/6128)

CANTERBURY HURLSTONE PARK RSL CLUB EMPLOYEES ENTERPRISE AGREEMENT 2016

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 21 OCTOBER 2016

Application for approval of the Canterbury Hurlstone Park RSL Club Employees Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Canterbury Hurlstone Park RSL Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Canterbury Hurlstone Park RSL Club Employees Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with United Voice – Liquor and Hospitality Division (the ‘Union’) and is to cover 171 employees (other than Club Managers) who are employed at the applicant’s clubs in Hurlstone Park, Bargo, Croydon Park and Camperdown in New South Wales, or any other club with which the applicant may amalgamate. 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 on 8 July 2016 and voting for the Agreement’s approval took place on 16 September 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 56 of the 58 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 September 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr L Pollard, Chief Operating Officer, identified the Registered and Licensed Clubs Award 2010 [MA000057] and the Club Employees (State) Award 2006 [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Pollardsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including shorter notice periods for amendments to rosters, a reduced spread of hours during which employees receive late and early work penalty rates and a one hour reduction in the minimum engagement on public holidays. However, the Agreement provides for a range of more beneficial terms and conditions, including higher rates of pay for all categories of employees, more generous annual leave entitlements for full-time employees, enhanced community service leave as well as providing for study leave/funded training provisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 34 and 39 respectively, and a disputes resolution procedure at clause 40 provides for the parties to agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and arbitration.

[4] At a hearing of the application on 20 October 2016, Ms V Gnjatic and Mr M Ushakoff of the Registered Clubs Association of New South Walesappeared with Mr L Pollard for the applicant and Mr M Dusevic and Ms M Rutherford appearedfor the Union. Ms Gnjatic 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. She explained that rates of pay are to be increased by either 2% or the Commission’s Minimum Wage Review decisions, whichever the greater, effective 1 July each year until the nominal expiry date of the Agreement is reached. Mr Dusevic supported the submissions of Ms Gnjatic. 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.

[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 Canterbury Hurlstone Park RSL Club Employees Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 27 October 2016 and have a nominal expiry date of 20 October 2020.

DEPUTY PRESIDENT

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