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

Printed by authority of the Commonwealth Government Printer

The applicants, Mollymook Golf Club Limited, sought approval for a proposed enterprise agreement in the Fair Work Commission. The agreement concerned the terms and conditions of employment for the club's staff. The nature of the dispute involved the application's compliance with the Fair Work Act 2009 and whether it met the requirements for fair and reasonable terms as determined by the Commission.

The legal issues before the Court involved whether the proposed agreement was genuinely a product of genuine bargaining, whether it contained terms that were unfair or unreasonable, and whether it complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Court had to determine if the agreement provided for adequate pay and conditions, including minimum wage rates, penalty rates, and leave entitlements.

The Fair Work Commission determined that the proposed enterprise agreement was the product of genuine bargaining and met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms, including adequate pay and conditions, and did not contain any terms that were contrary to public policy or unfair. The Commission concluded that the agreement was in the best interests of the employees and approved the application for its registration. The decision was based on the evidence presented by both parties and the Commission's assessment of the agreement's compliance with the Fair Work Act 2009.

The Fair Work Commission approved the application for the registration of the proposed enterprise agreement, effective from the date of the decision. The agreement was to be registered on the Register of Employment Agreements, and the parties were bound by its terms. The decision provided certainty for the employees and the club regarding the terms and conditions of their employment.

Mollymook Golf Club Ltd

DECISION

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Background to the litigation

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Legal Principle Established