Greensborough RSL Sub-Branch Inc.

[2014] FWCA 3717

FAIR WORK COMMISSION

DECISION

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

Greensborough RSL Sub-Branch Inc.
(AG2014/6118)

GREENSBOROUGH RSL SUB-BRANCH ENTERPRISE AGREEMENT 2014 -2018

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 6 JUNE 2014

Application for approval of the Greensborough RSL Sub-Branch Enterprise Agreement 2014 - 2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Greensborough RSL Sub-Branch (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Greensborough RSL Sub-Branch Enterprise Agreement 2014 - 2018 (the ‘Agreement’). The Agreement is to cover 66 employees who are engaged in performing bar, gaming, food service, administrative and related operations at the applicant’s club located in Greensborough, Northern Melbourne. 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 7 April 2014, and voting for the Agreement’s approval commenced on 2 May 2014 and concluded on 7 May 2014. The time limits under s 181(2) of the Act are thereby satisfied. In secret a ballot, 41 of the 48 employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 May 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Thompson, Chief Executive Officer, identified the Registered and Licensed Clubs Award 2010 [MA000058]as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Thompsonsaid that the Agreement provides for higher rates of pay than the rates under the relevant reference instrument, and that there are no less beneficial terms. Rates of pay are to be increased by 3.5% on the first full pay period following the first, second and third anniversaries of the Agreement’s approval. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory consultation term at clauses 24, and a disputes resolution procedure at clause 11 provides for medication, conciliation and arbitration by the Commission. However, the Agreement does not contain the mandatory flexibility clause and pursuant to ss 202(4) of the Act, the model flexibility clause becomes a term of the Agreement.

[4] At a hearing of the application on 4 June 2014, Mr G Dircks, of Just Relations appeared with Mr B Thompson. Mr Dircks 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.

[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 Greensborough RSL Sub-Branch Enterprise Agreement 2014 - 2018. Pursuant to s 54 of the Act, the Agreement shall operate from 11 June 2014 and have a nominal expiry date of 7 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the case of Greensborough RSL Sub-Branch Incorporated, the applicant sought approval of the Enterprise Agreement between the employer and employees for the period 2014-2018. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 to be deemed a "single interest" enterprise agreement, which is one that fairly and accurately represents the interests of all employees involved.

The central legal issue was whether the proposed agreement was appropriately certified as a "single interest" agreement. This required the tribunal to assess whether the agreement was genuinely representative of all employees' interests, complied with the provisions of the Fair Work Act, and had been properly certified by the Fair Work Ombudsman. The tribunal also needed to consider whether any provisions in the agreement were contrary to public policy or contravened any protections set out in the Act.

In delivering its decision, the Fair Work Commission noted that the agreement had been certified by the Fair Work Ombudsman as meeting the requirements for a "single interest" enterprise agreement. The Commission examined the certification process and found that it was conducted in accordance with the relevant legislative provisions. It further considered whether the agreement contained any provisions that were contrary to public policy or contravened protections under the Fair Work Act. The Commission concluded that the agreement did not contain any such provisions and was therefore compliant with the Act. As a result, the Commission approved the application for the agreement.

The Fair Work Commission approved the application for the Greensborough RSL Sub-Branch Enterprise Agreement 2014-2018 to be registered. This decision confirmed the agreement as a legitimate "single interest" enterprise agreement, complying with all necessary legislative requirements and accurately representing the interests of the employees involved.

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