DECISION

Fair Work Act 2009
s185 - Application for approval of a single-enterprise agreement

Charlestown Bowling Club Pty Ltd
(AG2016/8062)

CHARLESTOWN BOWLING CLUB ENTERPRISE AGREEMENT 2016

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 24 JANUARY 2017

Application for approval of the Charlestown Bowling Club Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Charlestown Bowling 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 Charlestown Bowling Club Enterprise Agreement 2016 (the ‘Agreement’). The Agreement is to cover employees who are engaged the applicant’s bowling club in Charlestown, NSW. 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 6 July 2016, and voting for the Agreement’s approval took place between 29 November and 5 December 2016. The time limits under s 181(2) of the Act are thereby satisfied. In secret ballot, 19 of the 24 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 December 2016. While I note that this falls outside the statutory time limit set out in s 185(3)(a) of the Act, I consider it fair in all the circumstances to extend the date for lodgement to 23 December 2016 (s 185(3)(b)).

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Gray identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award 2006 [AN120138] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Graysaid the agreement provides for a number of terms which are more beneficial than the reference instruments, including more flexible working hours for part time employees, more beneficial redundancy provisions and various allowances which are not conferred by the reference instruments. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions or 2%, whichever is the greater. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 9 respectively, and a disputes resolution procedure at clause 8 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 17 January 2017, Ms L Pike, of the Registered Clubs Association of NSWappeared for the applicant with Mr M Gray. Mr Pike 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.

[5] Having heard the applicant’s 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 Charlestown Bowling Club Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 24 January 2017 and have a nominal expiry date of 24 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for approval of the Charlestown Bowling Club Enterprise Agreement 2016. The applicant was the Charlestown Bowling Club Pty Ltd, and the respondent was the club's employees, represented by the Liquor, Hospitality and Miscellaneous Workers Union. The dispute centred around whether the terms of the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement was a bona fide enterprise agreement, if it contained all the mandated terms, and if the agreement was made in accordance with the procedural requirements. Furthermore, the court had to consider if the agreement provided for a proper process for resolving disputes between the employer and employees.

The Fair Work Commission found that the agreement was indeed a bona fide enterprise agreement and contained all the necessary mandated terms. The court determined that the agreement was made in compliance with the procedural requirements of the Act, including the provision of relevant information to employees and the opportunity for them to discuss the agreement. The Commission concluded that the agreement provided for an effective process for resolving disputes. As such, the application for approval was granted.

The Fair Work Commission approved the Charlestown Bowling Club Enterprise Agreement 2016, effective from the date of the decision. The agreement now binds all employees of the Charlestown Bowling Club and governs their employment terms and conditions.

Charlestown Bowling Club Pty Ltd

DECISION

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