DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gwandalan Bowling Club Ltd T/A Gwandalan Bowling Club
(AG2019/4624)

GBCL ENTERPRISE AGREMENT 2018

Licensed and registered clubs
DEPUTY PRESIDENT CROSS	SYDNEY, 1 APRIL 2020

Application for approval of the GBCL Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GBCL Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gwandalan Bowling Club Ltd T/A Gwandalan Bowling Club. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gwandalan Bowling Club Limited, trading as Gwandalan Bowling Club, applied to the Fair Work Commission for approval of its Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, which seeks to balance the rights of employees with the needs of employers. The dispute centred on whether the proposed agreement adequately met the legal requirements for employee representation and coverage.

The key legal issues before the Commission were whether the agreement provided for adequate employee representation, if the agreement covered all employees as required, and whether the agreement was made in accordance with the statutory process outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if the terms and conditions were fair and reasonable.

The Commission examined the process by which the agreement was negotiated, including whether there was genuine consultation and bargaining. The evidence showed that the negotiation process had involved multiple meetings between the employer and employee representatives. The Commission also considered the content of the agreement, ensuring that it provided for minimum terms and conditions as prescribed by law and did not disadvantage employees. After reviewing the evidence, the Commission concluded that the agreement was fairly negotiated and met the statutory requirements. It was approved on the basis that it provided adequate representation, covered all necessary employees, and was in compliance with the Fair Work Act.

The Fair Work Commission approved the GBCL Enterprise Agreement 2018, finding it to be compliant with all legal requirements. The approval means that the agreement will now serve as the basis for the terms and conditions of employment for the employees of Gwandalan Bowling Club.

Gwandalan Bowling Club Ltd T/A Gwandalan Bowling Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established