Moama Bowling Club Ltd

[2015] FWCA 5937

[2015] FWCA 5937

FAIR WORK COMMISSION

DECISION

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

Moama Bowling Club Ltd
(AG2015/4294)

MBC ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 27 AUGUST 2015

MBC Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Moama Bowling 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 MBC Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (UV) and the Australian Workers’ Union (AWU) (collectively, the ‘Unions’) and is to cover 223 employees, apart from Club Managers, who are employed at the applicant’s Club in Moama, New South Wales. 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 12 March 2015 and voting for the Agreement’s approval took place on 28 and 29 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 95 of the 96 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr L Fleming, Operations Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award [AN120136] and the Bowling and Golf Clubs Employees (State) Award [AN120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Flemingsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including less generous higher duties allowances, the lack of provision of late and early work penalties and the removal of a broken shift allowance. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, an additional public holiday and enhanced redundancy entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at Schedules A and B respectively, and a disputes resolution procedure at Schedule C provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 August 2015, Mr P Norrie of Adaptix Pty Ltdappeared with Mr L Fleming and Ms J McPherson for the applicant; Mr C Acev for UV and Mr G Beard for the AWU. Mr Norrie 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 explained that rates of pay are to be increased by 3% on 15 June 2015, then by a further 3% on the first anniversary of the commencement date of the Agreement and then a further 3% increase on the second anniversary of the commencement date. Mr Acev and Mr Beard supported the submissions of Mr Norrie.The Unions had each filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement.

[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 MBC Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 1 September 2015 and have a nominal expiry date of 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE415472  PR571286>