City Golf Club Toowoomba Inc.

[2016] FWCA 1419

[2016] FWCA 1419

FAIR WORK COMMISSION

DECISION

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

City Golf Club Toowoomba Inc.
(AG2016/2013)

CITY GOLF CLUB TOOWOOMBA ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 10 MARCH 2016

Application for approval of the City Golf Club Toowoomba Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by City Golf Club Toowoomba Inc (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the City Golf Club Toowoomba Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with 8 nominated Employee Bargaining Representatives (EBRs) and is to cover 144 employees, other than Managers, who are employed at the applicant’s Club in Toowoomba, Queensland. 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 2 December 2015 and voting for the Agreement’s approval took place between 24 and 29 December 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 64 of the 67 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 5 January 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr N Shaw, Club Operations Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Shawsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Award, including a change to a weekly span of hours to 45 hours, subject to there being no more than 152 hours in a four week period and an entitlement to a meal break after 6, rather than 5 hours. However, the Agreement provides for higher rates of pay, longer minimum engagements for full and part time employees, two 10 minute crib breaks for eight hour shifts and paid family responsibilities and charity volunteer leave. Rates of pay are to be increased by 2.5% on 1 July 2016, 1 July 2017 and 1 July 2018. The Agreement provides for the mandatory flexibility and consultation terms at clauses 14 and 40 respectively, and a disputes resolution procedure at clause 37 provides for mediation, conciliation and arbitration by the Commission.

[4] At a hearing of the application on 3 March 2016, Mr G Arnold of Effective Workplace Solutions Pty Ltd,appeared with Mr N Shaw (Operations Manager) and Mr P Constance (General Manager) for the applicant, Ms L Shaw, Ms C Rodwell, Mr N Weldon, Ms K Ferguson and Ms R Flynn andMr A Nevell appeared in their respective capacities as EBRs and as representatives of the Staff Consultative Committee. Mr Arnold 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. Mr Nevell had raised some concerns as to rostering arrangements under the Agreement. In response, Mr Arnold offered an undertaking that no full time employee is to work more than ten days in a row without a normal rostered day off. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’. Having considered these undertakings, I am satisfied that the Agreement passes the BOOT. The other EBRs indicated that they supported the approval of 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, 188, 190 and 191 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the City Golf Club Toowoomba Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 10 March 2016 and have a nominal expiry date of 10 March 2019.

DEPUTY PRESIDENT

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