Edgeworth Bowling Club Co-operative Limited t/as Edgeworth Sport and Rec

[2014] FWCA 3218

[2014] FWCA 3218

FAIR WORK COMMISSION

DECISION

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

Edgeworth Bowling Club Co-operative Limited t/as Edgeworth Sport and Rec
(AG2014/5996)

EDGEWORTH BOWLING CLUB ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 16 MAY 2014

Application for approval of the Edgeworth Bowling Club Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Edgeworth Bowling Club Co-operative Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Edgeworth Bowling Club Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice - Liquor & Hospitality Division (the ‘Union’). The Agreement is to cover 20 employees, including one greenkeeper, except for senior managers, who are employed at the applicant’s Club located at Edgeworth, in the Hunter Region, NSW. 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 14 November 2013, and a 4 day voting period for the Agreement’s approval commenced on 24 April 2014 and concluded on 27th April 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, all 15 employees who cast a valid vote, unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 May 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Odd, CEO, identified the Registered and Licensed Clubs Award 2010 [MA000058], Club Employees (State) Award [AN120136], Club Managers’ (State) Award 2006 [AN120138] and Bowling and Golf Clubs Employees (State) Award [RA120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Odd said that although the rate of meal allowance in the Agreement is less than the Award, the Agreement does provide for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments, including enhanced provisions for the engagement of casual employees, an increase in certain allowances such as first-aid and special clothing allowance, and the option for employees to cash out annual leave. Rates of pay are to be adjusted by 3% on the anniversary of the approval date of the Agreement, being 22 May 2015 and 22 May 2016. Ms Odd stated this increase is more beneficial than the Award, which proves for an increase in accordance with the Commission’s Minimum Wage Review decision. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at Clause 8 of Part 1 and Clause 10 of Part 2 respectively, and a disputes resolution procedure at Part 2, Clauses 9, 10 and 11 provides for mediation, conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 May 2014, Mr P Willink, of Clubs NSW,appeared with Ms J Odd for the applicant and Mr C Acev 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 Willink 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 Acev indicated the Union’s support for the Agreement but raised an issue as to the application of the first 3% wage adjustment. After some discussion the issue was resolved.

[5] Having heard the applicant’s 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 Edgeworth Bowling Club Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 22 May 2014 and have a nominal expiry date of 22 May 2017.

DEPUTY PRESIDENT

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