Learning Links

[2014] FWCA 3930

[2014] FWCA 3930

FAIR WORK COMMISSION

DECISION

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

Learning Links
(AG2014/6323)

LEARNING LINKS HOUSIE EMPLOYEES ENTERPRISE AGREEMENT 2013

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 13 JUNE 2014

Application for approval of the Learning Links Housie Employees Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Learning Links (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Learning Links Housie Employees Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with 2 Employee Bargaining Representatives and is to cover 34 employees who are engaged in running charity ‘Housie’ sessions at different Clubs across Sydney for the purposes of fundraising for the applicant’s primary business of helping children with learning difficulties and disabilities. 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 on 26 February 2013, and voting for the Agreement’s approval took place between 23 and 27 May 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot, 24 of the 25 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 June 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms W Bilbey, Manager, Human Resources 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 Bilbeysaid that the Agreement provides for some terms and conditions that are less beneficial than those under the reference instruments, including shorter minimum engagements for casual employees and a reduction in casual loading. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of the reference instruments, including higher rates of pay, additional allowances and increased minimum engagements for full time and part time employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 32-41 respectively, and a disputes resolution procedure at clause 31 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 12 June 2014, Ms W Bilbey appeared for the applicant. Ms Bilbey 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. She explained that the rates of pay under the Agreement are to be increased as of 1 July 2013 and this increase will be backpaid to employees on approval of the Agreement.

[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 Learning Links Housie Employees Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 19 June 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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