Coffs Ex Services Memorial and Sporting Club Ltd

[2015] FWCA 5786

[2015] FWCA 5786

FAIR WORK COMMISSION

DECISION

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

Coffs Ex Services Memorial and Sporting Club Ltd
(AG2015/4280)

COFFS EX-SERVICES MEMORIAL AND SPORTING CLUB ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 24 AUGUST 2015

Application for approval of the Coffs Ex-Services Memorial and Sporting Club Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Coffs Ex Services Memorial and Sporting 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 Coffs Ex-Services Memorial and Sporting Club Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 132 employees, other than Club Managers and Horticultural and Maintenance Employees who are employed at the applicant’s Clubs in Coffs Harbour, Woolgoolga and Urunga, 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 20 May 2013 and voting for the Agreement’s approval took place on 27 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 59 of the 65 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Rafferty, Chief Executive Officer, identified the Registered and Licensed Clubs Award 2010 [MA000057] and the Club Employees (State) Award 2006 [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Raffertysaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a longer period of continuous work in which an employee must take a meal break, a reduced overtime meal allowance and a less generous tool allowance for apprentice chefs. However, the Agreement provides for a range of more beneficial terms and conditions, including higher rates of pay, longer minimum engagements, an enhanced laundry allowance and study entitlements not provided for under the Modern Award. I am satisfied that the Agreement passes the BOOT. 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 conciliation and arbitration by the Commission.

[4] At a hearing of the application on 18 August 2015, Mr M Ushakoff of the Registered Clubs Association of New South Walesappeared with Mr J Cox for the applicant and Mr M Dusevic for the Union. Mr Ushakoff 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. He explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. Mr Dusevic supported the submissions of Mr Ushakoff. 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 Coffs Ex-Services Memorial and Sporting Club Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 25 August 2015 and have a nominal expiry date of 25 August 2018.

DEPUTY PRESIDENT

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