DECISION

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

Cessnock Ex-Services Club Ltd
(AG2014/8369)

CESSNOCK EX SERVICES CLUB LTD ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 9 JANUARY 2015

Application for approval of the Cessnock Ex Services Club Ltd Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Cessnock Ex-Services 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 Cessnock Ex Services Club Ltd Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 26 employees who are employed at the applicant’s Club in Cessnock, New South Wales.

[2] The employees were last notified of their representational rights on 24 October 2014, and voting for the Agreement’s approval took place between 15 and 18 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 6 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 November 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Ms R Jacobsen, Secretary Managerdid not appropriately identify terms and conditions of the Agreement as being better or worse than those under the Registered and Licensed Clubs Award 2010 [MA000054] or the Club Employees (State) Award [AN120136], as I understand Ms Jacobsen erroneously compared the Agreement to a previous enterprise agreement. However, the Agreement provides for increased overtime entitlements, enhanced annual leave loading and redundancy entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 37 respectively, and a disputes resolution procedure at clause 36 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 December 2014, Ms R Jacobsen appeared for the applicant and Mr M Dusevic for the Union. 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. Ms Jacobsen 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 the rates of pay are to be increased by 3% on each anniversary of the operational date of the Agreement during the nominal term of the Agreement. Mr Dusevic supported the approval of the Agreement and agreed it satisfied the BOOT.

[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 Cessnock Ex Services Club Ltd Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 17 December 2014 and have a nominal expiry date of 17 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Cessnock Ex-Services Club Limited applied to the Fair Work Commission for approval of an Enterprise Agreement. The application was made under section 234 of the Fair Work Act 2009. The applicant is an employer with employees covered by the award, and the employees are members of the relevant union. The dispute involves the terms and conditions of employment under the proposed Enterprise Agreement, which seeks to replace the existing award provisions.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, whether it was free from any unlawful content, and whether it was in the best interests of the employees. The Commission also had to determine if the agreement complied with procedural requirements, such as the negotiation process and the provision of necessary documents.

The Fair Work Commission considered the provisions of the proposed Enterprise Agreement and the relevant award. It examined whether the agreement provided for a safety net of minimum wages and conditions, taking into account the specific circumstances of the employees and the industry. The Commission also assessed whether the agreement was free from any unlawful content and whether it complied with the procedural requirements of the Fair Work Act. After careful consideration, the Commission was satisfied that the proposed Enterprise Agreement met all the necessary criteria for approval.

The Fair Work Commission approved the Cessnock Ex-Services Club Limited Enterprise Agreement. The approval ensures that the agreement will replace the existing award provisions for the employees, providing them with the terms and conditions outlined in the agreement. The approval is subject to the agreement being registered with the Fair Work Commission and the necessary notices being given to the parties involved.

Cessnock Ex-Services Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established