Magenta Shores Golf & Country Club Ltd

[2014] FWCA 6817

FAIR WORK COMMISSION

DECISION

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

Magenta Shores Golf & Country Club Ltd
(AG2014/7433)

MAGENTA SHORES GOLF & COUNTRY CLUB LIMITED ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 30 SEPTEMBER 2014

Application for approval of the Magenta Shores Golf & Country Club Limited Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Magenta Shores Golf & Country 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 Magenta Shores Golf & Country Club Limited Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 8 employees who are employed at the applicant’s Club in Magenta, New South Wales.

[2] The employees were last notified of their representational rights on 30 July 2014, and voting for the Agreement’s approval took place on 3 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 8 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 25 September 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Morris, General Manager identified a collective agreement as the reference instrument. However, this is not the relevant comparative test. The relevant instruments are the Registered and Licensed Clubs Award 2010 [MA000058] and the Bowling and Golf Clubs Employees (State) Award [AN120079]. Mr Morris 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. However, this is not strictly true, as the Agreement does not provide for penalty rates for work performed on weekends. These penalties have been loaded into higher rates of pay. The Agreement also provides for first aid and tool allowances. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement does not provide for the mandatory flexibility term and, pursuant to s s 202(4), the model term is taken to apply. The Agreement provides for a consultation term at clause 34 and a disputes resolution procedure at clause 33 provides for mediation and arbitration by independent third parties.

[4] At a hearing of the application on 25 September 2014, Ms A Douglas and Ms A Hart appeared for the applicant. Ms Hart 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 also provided documentation based on indicative rosters and comparative calculations of rates of pay between the Agreement and the reference instruments, which confirmed that the employees were better off under the Agreement than the Awards.

[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 Magenta Shores Golf & Country Club Limited Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 2 October 2014 and have a nominal expiry date of 2 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicants, Magenta Shores Golf & Country Club Limited, sought approval for their 2014 Enterprise Agreement, which aimed to regulate employment terms for members of the club's staff. The dispute was heard by the Fair Work Commission, which was tasked with assessing whether the agreement met the legal criteria for approval. The crux of the legal issues revolved around whether the agreement was in the best interests of the employees and whether it complied with the statutory requirements set forth in the Fair Work Act 2009. Additionally, the court needed to determine if the agreement provided adequate protections and benefits for the employees, ensuring that it did not disadvantage them in any way.

The Commission meticulously examined the contents of the agreement, considering various factors such as employee representation, consultation processes, and the fairness of the terms proposed. It was essential to ensure that the agreement did not undermine the employees' rights and that it was negotiated in good faith. The court also assessed whether the agreement contained provisions that were necessary to protect employees from potential exploitation and whether it provided for a fair and reasonable set of conditions. The Commission took into account the specific circumstances of the club and the nature of the work performed by the employees.

After a thorough analysis, the Commission found that the Enterprise Agreement did meet the legal criteria for approval. The agreement was deemed to be in the best interests of the employees, providing them with fair and reasonable conditions of employment. It was concluded that the agreement contained adequate protections and benefits, and that it had been negotiated in good faith. Consequently, the application for approval was granted, and the 2014 Enterprise Agreement was officially approved. This decision ensures that the employees of the club are provided with a fair and equitable set of employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established