Mollymook Golf Club Ltd

[2017] FWCA 2617

[2017] FWCA 2617

FAIR WORK COMMISSION

DECISION

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

Mollymook Golf Club Ltd
(AG2017/1332)

MOLLYMOOK GOLF CLUB LIMITED ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 15 MAY 2017

Application for approval of the Mollymook Golf Club Limited Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mollymook Golf Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mollymook Golf Club Limited Enterprise Agreement (the ‘Agreement’). The Agreement is to cover 48 employees who are engaged at the applicant’s Club premises in Mollymook, NSW. 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 16 February 2017, and voting for the Agreement’s approval took place from on 13 April 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 19 of the 20 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 13 April 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms N Ockwell Assistant 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’). Ms Ockwell said that the Agreement provides for a number of terms which are more beneficial than the reference instrument, including more predictable hours of work, the ability to ‘bank’ rostered days off, a higher meal allowance and higher rates of pay (of between 1.23%-47.64%). Ms Ockwell also said the Agreement provides for some terms which are less beneficial than the reference instrument, including a potentially lower vehicle allowance and the ability to cash out a maximum of one week annual leave rather than two weeks as is available under the Award. Rates of pay are to be increased by 2.5% on commencement of the Agreement, and either 2% or the Commission’s Minimum Wage Review decision, whichever the greater on 1 July 2018 and I July 2019. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 11 and 42 respectively, and a disputes resolution procedure at clause 39 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 5 May 2017, Ms L Pike, of the Registered and Licensed Clubs Association of New South Walesappeared for the applicant with Ms Ockwell. Ms Pike 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.

[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 Mollymook Golf Club Limited Enterprise Agreement. Pursuant to s 54 of the Act, the Agreement shall operate from 12 May 2017 and have a nominal expiry date of 12 May 2020.

DEPUTY PRESIDENT

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