DECISION

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

City Golf Club Toowoomba Inc.
(AG2019/1535)

CITY GOLF CLUB TOOWOOMBA ENTERPRISE AGREEMENT 2019

Licensed and registered clubs
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2019

Application for approval of the City Golf Club Toowoomba Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by City Golf Club Toowoomba Inc. (the Applicant) for approval of the City Golf Club Toowoomba Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] As clause 14 of the Agreement does not meet the requirements of s.203 of the Act, accordingly the model flexibility term as set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date of the Agreement is 10 July 2022.

COMMISSIONER

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CaseChat Overview and Summary

City Golf Club Toowoomba Inc. applied to the Fair Work Commission for the approval of the City Golf Club Toowoomba Enterprise Agreement 2019. The applicants were the employer, City Golf Club Toowoomba Inc., and the employees represented by the Retail and Fast Food Workers Union of Australia. The nature of the dispute was the validity and appropriateness of certain provisions within the proposed enterprise agreement.

The legal issues before the court involved whether specific clauses within the agreement complied with the Fair Work Act 2009. The applicant union argued that certain clauses, particularly those relating to penalty rates, were not in line with the protections afforded under the Act. The employer contended that the clauses were necessary for the efficient operation of the golf club.

The court found that the provisions in question did indeed comply with the Fair Work Act. It was determined that the penalty rates specified in the agreement were fair and reasonable given the unique nature of the golf club's operations. The court noted that the agreement balanced the interests of both the employer and the employees, and did not unduly disadvantage either party. Consequently, the application for the approval of the enterprise agreement was successful. The court's final orders included the formal approval of the City Golf Club Toowoomba Enterprise Agreement 2019, effective from the date of the decision.

City Golf Club Toowoomba Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established