DECISION

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

Inverell RSM Club Ltd
(AG2016/7399)

INVERELL RSM CLUB LTD ENTERPRISE AGREEMENT 2016

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 30 DECEMBER 2016

Application for approval of the Inverell RSM Club Ltd Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Inverell RSM Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Inverell RSM Club Ltd Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with a number of nominated employee bargaining representatives (EBR) as well as bargaining representatives from the Board of Directors. This group was collectively referred to as the ‘Consultative Committee’. The Agreement is to cover 56 employees who are engaged at the Club’s premises in Inverell. 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 30 August 2016, and voting for the Agreement’s approval took place on 16 November 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 53 of the employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 November 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Palmer, General Manager 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 Palmersaid the Agreement provides for a number of more beneficial terms than the reference instrument, including higher rates of pay (2% above the Award), longer minimum engagements, the ability to cash out annual leave and personal/carer’s leave, overtime for casual employees and paid attendance at staff meetings. Mr Palmer also said the Agreement provides for some terms which are less beneficial than the applicable Award, including a longer period before meal breaks are taken and more flexible hours of work for part time and casual employees with respect to finishing times. Rates of pay are to be increased by 2% on approval of the Agreement and a further 2.5% on 1 July for each year during the nominal term of the Agreement. In these circumstances, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 14 and 40 respectively, and a disputes resolution procedure at clause 37, provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 21 December 2016, Mr G Arnold of Effective Workplace Solutionsappeared for the applicant with Mr T Palmer, Ms B Black, EBR and Mr J Scoble, Director. Mr Arnold 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. Ms Black, who has been employed by the applicant for eight years, indicated she was happy with the Agreement.

[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 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Inverell RSM Club Ltd Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 28 December 2016 and have a nominal expiry date of 28 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Inverell RSM Club Ltd, applied to the Fair Work Commission for approval of the Inverell RSM Club Ltd Enterprise Agreement 2016. The application was opposed by the Australian Services Union (ASU), who argued that the proposed agreement did not provide adequate protections for employees. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for the appropriate bargaining and negotiation processes, whether it met the "better off overall test", and whether it included appropriate dispute resolution mechanisms. The Commission also considered whether the agreement adequately protected the rights and interests of employees, particularly in relation to provisions concerning casual employment and shift penalties.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission determined that the agreement provided for appropriate bargaining and negotiation processes, met the better off overall test, and included adequate dispute resolution mechanisms. The Commission also found that the agreement provided appropriate protections for employees, including those in casual employment, and did not disadvantage employees in relation to shift penalties. The application for approval of the proposed agreement was therefore approved.

The Fair Work Commission approved the Inverell RSM Club Ltd Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement that the applicant provide written confirmation to the Commission within 28 days of the approval that the agreement had been properly executed by both parties. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to all affected employees.

Inverell RSM Club Ltd

DECISION

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