Dapto Leagues Club Ltd T/A Dapto Leagues Club

[2020] FWCA 873

[2020] FWCA 873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dapto Leagues Club Ltd T/A Dapto Leagues Club
(AG2020/31)

DAPTO LEAGUES CLUB MANAGERS ENTERPRISE AGREEMENT 2020

Licensed and registered clubs
COMMISSIONER JOHNS	MELBOURNE, 24 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Dapto Leagues Club Ltd Managers Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Dapto Leagues Club Ltd T/A Dapto Leagues Club. The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Employer did not provide the last notice of employee representational rights to the employees at least 21 days prior to the commencement of the voting period. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to this requirement in 181(2). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[7] The Club Managers’ Association, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2020. The nominal expiry date of the Agreement is 23 February 2024.

COMMISSIONER

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Annexure A