Dapto Leagues Club Ltd

[2014] FWCA 641

[2014] FWCA 641

FAIR WORK COMMISSION

DECISION

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

Dapto Leagues Club Ltd
(AG2014/3360)

DAPTO LEAGUES CLUB MANAGERS ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 29 JANUARY 2014

Application for approval of the Dapto Leagues Club Managers Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Dapto Leagues 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 Dapto Leagues Club Managers Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with Club Managers’ Association (the ‘Union’). The Agreement is to cover 9 employees who are employed as managers of the applicant’s Clubs in Dapto and Kembla Grange, 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 30 October 2013, and voting for the Agreement’s approval took place on 30 December 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by email, all 9 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 January 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G Tozer identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Managers’ (State) Award 2006 [AN120138] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Tozersaid that the Agreement does provide for a condition that is less beneficial than those under the reference instruments, being the lack of provision for a first aid allowance. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay and enhanced severance entitlements. Rates of pay are to be increased by 2.5% on 1 January 2014, 1 January 2015 and 1 January 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 14 and 41 respectively, and a disputes resolution procedure at clause 38 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 22 January 2014, Mr C Langton of the Registered Clubs Association of New South Walesappeared with Mr D Hiscox for the applicant and Mr P Cooper for the Union. 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. Mr Langton 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 the Agreement replaces the Dapto Leagues Club Managers Enterprise Agreement [2011] [AE883883], which is due to nominally expire on 3 February 2014. Mr Cooper supported the submissions of Mr Langton.

[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 Dapto Leagues Club Managers Enterprise Agreement. Pursuant to s 54 and s 58, the Agreement shall operate from 4 February 2014 and have a nominal expiry date of 4 February 2017.

DEPUTY PRESIDENT

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