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

Printed by authority of the Commonwealth Government Printer

In the recent case of City of Newcastle RSL Sub Branch Club Ltd t/as Newcastle Diggers Club, the Australian Industrial Relations Commission was tasked with deciding whether to approve the Enterprise Agreement proposed by the club. The club sought to formalise its employment terms and conditions for its staff, which included issues such as pay rates, working hours, and leave entitlements. The legal issues at hand involved determining whether the agreement complied with the relevant legislative framework, including provisions of the Fair Work Act 2009, and whether it had been fairly negotiated and was in the best interests of the employees.

The court carefully examined the negotiation process and the contents of the proposed agreement. It considered whether the agreement had been made in good faith and whether it met the statutory requirements for approval, including provisions for direct communication between the employer and employees, and the avoidance of coercion or undue influence. Additionally, the court evaluated the fairness of the terms and conditions set out in the agreement, taking into account the specific circumstances of the club and its workforce.

After a thorough review, the court determined that the negotiation process was conducted appropriately and that the agreement met all the statutory requirements for approval. The terms and conditions of the agreement were found to be fair and reasonable, taking into account the specific needs and circumstances of the employees. Consequently, the court approved the City of Newcastle RSL Sub Branch Club Ltd Enterprise Agreement 2014, ensuring that the club could proceed with implementing the agreed terms for its staff.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established