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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dapto Leagues Club Limited, trading as Dapto Leagues Club, applied to the Fair Work Commission for the approval of the Dapto Leagues Club Ltd Managers Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for managers within the club. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Managers Enterprise Agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was made in good faith and whether it was covered by a certificate from the Australian Building and Construction Commission. Substantively, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, ensuring it did not undermine the safety nets provided by the National Employment Standards and the Fair Work Act's minimum entitlements.

The Commission found that the agreement was made in good faith and was covered by the necessary certificate. It also determined that the terms and conditions of employment provided for in the agreement were fair and reasonable. The Commission took into account the nature of the managerial roles, the responsibilities involved, and the market conditions relevant to the industry. The agreement was deemed to strike an appropriate balance between the interests of the employers and the employees, ensuring it did not undercut the minimum protections established by the Fair Work Act.

The Fair Work Commission approved the Dapto Leagues Club Ltd Managers Enterprise Agreement 2018, subject to the terms and conditions outlined in the agreement. This decision allows the agreement to be implemented, providing a framework for the employment conditions of managers within the Dapto Leagues Club.

Dapto Leagues Club Ltd T/A Dapto Leagues Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established