Milton Ulladulla ExServos Club Limited

[2014] FWCA 2824

[2014] FWCA 2824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s185 - Application for approval of a single-enterprise agreement

Milton Ulladulla ExServos Club Limited
(AG2014/5753)

MILTON ULLADULLA EX-SERVOS CLUB ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 5 MAY 2014

Application for approval of the Milton Ulladulla Ex-Servos Club Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Milton Ulladulla ExServos Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Milton Ulladulla Ex-Servos Club Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover all 45 employees, engaged in various positions at the Milton Ulladulla ExServos Club Limited. 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 5 August 2013, and voting for the Agreement’s approval took place on 27 March 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 24 of the employees who voted, unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Bozicevic, Secretary Manager, identified the Registered and Licences 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’). Mr Bozicevicsaid that the Agreement provides for a number of conditions that are less beneficial than those under the reference instruments, including a change in span of hours, meal breaks, high duties allowances and annual leave accruals. However, the agreement also provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments, including an increase of 3% in the rates of pay which will be applied upon the approval of the Agreement, enhanced redundancy benefits and certain leave entitlements. Rates of pay are to be adjusted by the Consumer Prices Index, or 3%, whichever is greater, and are to occur on 7 May 2015 and 7 May 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at Section 11 and Section 12 respectively, and a disputes resolution procedure at Section 13 provides for mediation and conciliation by the Commission.

[4] At a hearing of the application on 30 April 2014, Mr D Bozicevic, and Mr S Alexander, Human Resources Manager,appeared for the applicant. 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 Bozicevic 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 the Agreement had been entered into after a robust series of negotiations with the Union and the employee bargaining representatives.

[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 Milton Ulladulla Ex-Servos Club Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 7 May 2014 and have a nominal expiry date of 7 May 2017.

DEPUTY PRESIDENT

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