DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kedron Wavell Services Club Inc.
(AG2018/248)

KEDRON-WAVELL SERVICES CLUB INC. ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2018

Application for approval of the Kedron-Wavell Services Club Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kedron-Wavell Services Club Inc. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kedron Wavell Services Club Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 14 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kedron Wavell Services Club Inc. (the employer), applied to the Fair Work Commission for the approval of an enterprise agreement made between the employer and its employees. The respondents to the application were various employee groups and unions. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement. The case was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act and whether it was made in good faith and without coercion. The Commission needed to consider whether the agreement contained all the mandatory terms prescribed by the Act, whether it provided for a fair and efficient workplace, and whether it was made in compliance with the procedural fairness requirements. Furthermore, the Commission had to assess whether the agreement was consistent with the national minimum standards of employment.

In determining the application, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement and the evidence presented by both parties. The Commission noted that the agreement contained all the mandatory terms as required by the Fair Work Act and provided for a fair and efficient workplace. The evidence presented did not indicate any procedural unfairness or coercion in the making of the agreement. The Commission was satisfied that the agreement met the statutory requirements and was consistent with the national minimum standards of employment. Consequently, the Commission approved the enterprise agreement as proposed by the employer.

The Fair Work Commission approved the Kedron-Wavell Services Club Inc. Enterprise Agreement 2017, effective from the date of the approval decision. The approval of the agreement ensures that the terms and conditions of employment for the employees of the employer are governed by the provisions of the agreement, subject to any applicable awards or registered agreements. The approval also provides certainty and stability in the workplace, as the employees and employer are bound by the terms of the enterprise agreement for the duration of its operation.

Kedron Wavell Services Club Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established