DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Soldiers Club Ltd T/A Goulburn Soldiers Club
(AG2017/4761)

GOULBURN SOLDIERS CLUB LTD MANAGEMENT ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MARCH 2018

Application for approval of the Goulburn Soldiers Club Ltd Management Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Soldiers Club Ltd Management Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Soldiers Club Ltd T/A Goulburn Soldiers Club. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 March 2018 and, in accordance with s.54, will operate from 2 April 2018. The nominal expiry date of the Agreement is 25 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Goulburn Soldiers Club Limited, trading as the Goulburn Soldiers Club, sought approval for the Management Enterprise Agreement 2017. The respondents to the application were the employees covered by the proposed agreement. The dispute centred around the terms and conditions of employment for the managerial staff at the club, specifically those in the position of general manager and assistant general manager. The commission was tasked with determining whether the proposed agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The legal issues before the commission were primarily concerned with the procedural fairness of the agreement, the manner in which the employees' views were obtained, and the substantive fairness of the terms proposed. The commission had to consider whether the agreement met the criteria for a 'better off overall' test, ensuring that the employees would be no worse off financially and, ideally, better off under the new agreement. Additionally, the commission examined the process by which the employees' views were gathered to ascertain if it was conducted in a manner that was fair and representative of the workforce.

In its decision, the commission found that the agreement was procedurally fair, as it had been developed in consultation with the employees and their representatives. The commission acknowledged the efforts made by the employer to ensure that the employees' voices were heard and considered in the negotiation process. Regarding the substantive fairness, the commission concluded that the proposed agreement was indeed better off overall for the employees, providing them with improved terms and conditions of employment. The commission accepted that the financial and non-financial benefits of the agreement outweighed any potential detriments, thus meeting the better off overall test.

The commission approved the Management Enterprise Agreement 2017, subject to the finalisation of certain minor administrative details. The order was made to formalise the agreement as binding upon the parties, ensuring that the terms and conditions of employment for the managerial staff at the Goulburn Soldiers Club were legally recognised and enforceable.

Goulburn Soldiers Club Ltd T/A Goulburn Soldiers Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established