Ingleburn Bowling and Recreational Club Co-operative Ltd

[2013] FWCA 5293

[2013] FWCA 5293

FAIR WORK COMMISSION

DECISION

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

Ingleburn Bowling and Recreational Club Co-operative Ltd
(AG2013/1946)

INGLEBURN BOWLING & RECREATION CLUB ENTERPRISE AGREEMENT 2013

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 2 AUGUST 2013

Application for approval of the Ingleburn Bowling & Recreation Club Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ingleburn Bowling and Recreational Club Co-operative Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Ingleburn Bowling & Recreation Club Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Liquor and Hospitality Division, United Voice (the ‘Union’). The Agreement is to cover 9 employees who are employed at the applicant’s Club in Ingleburn.

[2] The employees were last notified of their representational rights on 19 May 2013, and voting for the Agreement’s approval took place between 28 June and 1 July 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 8 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 July 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Reid, Secretary Manager identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Reid said that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. Base rates of pay are to be adjusted by 4% on the anniversary of the Agreement’s approval during its nominal term. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 10 respectively, and a disputes resolution procedure 11 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 24 July 2013, Ms K Reid,appeared for the applicant and Mr M Dusevic 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. Ms Reid 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 Dusevic supported the submissions of Ms Reid, and explained that the rates of pay are $1-2 higher than those under the Modern Award and that redundancy entitlements are also more beneficial. In response to some of my concerns as to drafting, the applicant provided undertakings removing and replacing references to the Australian Fair Pay Commission Standards (AFPCS) and Fair Work Australia. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’.

[5] Having heard the parties’ 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, 188, 190 and 191 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Ingleburn Bowling & Recreation Club Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 31 July 2013 and have a nominal expiry date of 31 July 2016.

DEPUTY PRESIDENT

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