DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greensborough RSL Sub-Branch Inc
(AG2018/2674)

GREENSBOROUGH RSL SUB-BRANCH ENTERPRISE AGREEMENT 2018-2022

Licensed and registered clubs
COMMISSIONER LEE	MELBOURNE, 8 OCTOBER 2018

Application for approval of the Greensborough RSL Sub-Branch Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Greensborough RSL Sub-Branch Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greensborough RSL Sub-Branch Inc. 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2018. The nominal expiry date of the Agreement is 7 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Greensborough RSL Sub-Branch Inc, an incorporated association, applied for approval of the Greensborough RSL Sub-Branch Enterprise Agreement 2018 - 2022. The application was made by the employer, and the Fair Work Commission was required to determine if the agreement met the requirements of the Fair Work Act 2009. The dispute centred around whether the agreement complied with the Act, particularly in relation to the provisions regarding shift loading and other employment conditions.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it contained any unfair provisions that would render it non-compliant. The Commission also had to consider if the agreement provided adequate protection for employees, particularly in terms of their remuneration and other employment conditions. The Commission examined the provisions of the agreement in light of the requirements of the Fair Work Act and relevant precedents.

The Fair Work Commission found that the agreement contained provisions that were not compliant with the Act, particularly regarding the shift loading provisions and other employment conditions. The Commission noted that while the agreement provided for fair and reasonable terms and conditions of employment in many areas, it contained provisions that were not compliant with the Act, including provisions that were not in accordance with the minimum standards set out in the National Employment Standards. The Commission also found that the agreement did not adequately protect employees in certain areas, such as shift loading and other remuneration provisions.

The Fair Work Commission did not approve the Greensborough RSL Sub-Branch Enterprise Agreement 2018 - 2022. The Commission found that the agreement did not meet the requirements of the Fair Work Act and contained provisions that were not in accordance with the minimum standards set out in the National Employment Standards. The Commission ordered that the agreement be varied to bring it into compliance with the Act and that the parties negotiate in good faith to reach a new agreement that met the requirements of the Act.

Greensborough RSL Sub-Branch Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established