Kooyonga Golf Club Inc

[2013] FWCA 5797

[2013] FWCA 5797

FAIR WORK COMMISSION

DECISION

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

Kooyonga Golf Club Inc
(AG2013/7852)

KOOYONGA GOLF CLUB INC ENTERPRISE AGREEMENT 2012 - 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 19 AUGUST 2013

Application for approval of the Kooyonga Golf Club Inc Enterprise Agreement 2012 - 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Kooyonga Golf Club Inc (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Kooyonga Golf Club Inc Enterprise Agreement 2012 - 2014 (the ‘Agreement’). The Agreement was negotiated with an Enterprise Bargaining Representative, Mr D Haskell-Craig. The Agreement is to cover 11 employees who are engaged as Greenkeeping staff at the applicant’s club in Lockleys, South Australia.

[2] The employees were last notified of their representational rights on 15 January 2013, and voting for the Agreement’s approval took place between 9 July and 16 July 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by way of a show of hands at a meeting conducted by the Employee Bargaining Representative, all 11 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 July 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr A Edgar, General Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Greenkeepers Award [AN150060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Edgarsaid that the Agreement provides for higher rates of pay than those under the reference instruments and that there are no less beneficial terms. However, this is not strictly true as penalty rates have been loaded into these higher rates of pay. Rates of pay are to be increased by 3% on 1 October 2012 and 1 October 2013. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility clause at clause 3.4 and consultation terms at clauses 3.1 and 3.2 respectively, and a disputes resolution procedure at clause 3.3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on Mr A Edgar,appeared for the applicant. Mr Edgar 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. He said that a previous application to have an enterprise agreement had been withdrawn as it had failed to meet relevant notice periods to the staff. He also that the first of the increases due on 1 October 2012 was already being paid to the employees.

[5] Having heard the applicant’s 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 Kooyonga Golf Club Inc Enterprise Agreement 2012 - 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 15 August 2013 and have a nominal expiry date of 31 December 2014.

DEPUTY PRESIDENT

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