City of Newcastle RSL Sub Branch Club Ltd t/as Newcastle Diggers Club

[2015] FWCA 1392

[2015] FWCA 1392

FAIR WORK COMMISSION

DECISION

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

City of Newcastle RSL Sub Branch Club Ltd t/as Newcastle Diggers Club
(AG2015/235)

CITY OF NEWCASTLE RSL SUB BRANCH CLUB LTD ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 3 MARCH 2015

Application for approval of the City of Newcastle RSL Sub Branch Club Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by City of Newcastle RSL Sub Branch Club Ltd t/as Newcastle Diggers Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the City of Newcastle RSL Sub Branch Club Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 7 employees who are employed at the applicant’s Club in Newcastle, New South Wales. 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 7 November 2014 and voting for the Agreement’s approval took place between 28 and 30 January 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 3 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 February 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms B Young, Club Supervisor identified the Registered and Licensed Clubs Award 2010 and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Young said that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for longer minimum engagements, enhanced severance entitlements and more generous annual leave loading. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 10 respectively, and a disputes resolution procedure at clause 11 erroneously refers to Fair Work Australia, which I take to mean as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 February 2015, Ms B Young appeared for the applicant and Mr M Dusevic for the Union. Ms Young 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 Dusevic supported the submissions of Ms Young and noted that the Agreement provides for increases to rates of pay and allowances of 3% on each anniversary of the approval date of the Agreement during its nominal term. 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 City of Newcastle RSL Sub Branch Club Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 26 February 2015 and have a nominal expiry date of 25 February 2019.

DEPUTY PRESIDENT

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