Merrylands RSL Club Limited

[2013] FWCA 8117

[2013] FWCA 8117

FAIR WORK COMMISSION

DECISION

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

Merrylands RSL Club Limited
(AG2013/10828)

MERRYLANDS RSL CLUB ENTERPRISE AGREEMENT 2013

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 17 OCTOBER 2013

Merrylands RSL Club Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Merrylands RSL Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Merrylands RSL Club Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’). The Agreement is to cover 93 employees who are engaged at the Merrylands RSL Club, excluding Club Managers. 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 19 April 2013 and voting for the Agreement’s approval took place on 27 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 47 of the employees who voted, unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 October 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr C Debrincat, Gaming and Operations Manager identified the Registered and Licensed Clubs Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Debrincat said the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instrument, including one less tea break for horticultural and maintenance employees and the NES severance scale for employees engaged after the commencement of the Agreement who are made redundant prior to 31 December 2013. However, the Agreement also provides for a number of terms and conditions that are more beneficial than those under the reference instrument, including guaranteed hours of work for full-time employees and set minimum and maximum hours of work for casual and part-time employees, higher rates of pay, a wider range of employee allowances, enhanced leave entitlements, access to an employee assistance program, paid staff training and annual union meetings and greater employee consultation on work arrangements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses clause 8 and clause 9 respectively, and a disputes resolution procedure, clause 10, provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 October 2013, Ms E Nicolle from theRegistered Clubs Association of NSW, appeared with Mr Debrincat for the applicant and Mr C Acev, United Voice for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Debrincat 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. Mr Acev supported the applicant’s submissions.

[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 Merrylands RSL Club Enterprise Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 23 October 2013 and have a nominal expiry date of 23 October 2016.

DEPUTY PRESIDENT

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