Mount Pritchard & District Community Club Ltd Summary

[2023] FWCA 1466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mount Pritchard & District Community Club Ltd

(AG2023/1145)

MOUNTIES GROUP WESTERN SITES ENTERPRISE AGREEMENT 2023

Licensed and registered clubs
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 MAY 2023

Application for approval of the Mounties Group Western Sites Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Mounties Group Western Sites Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 30 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mount Pritchard & District Community Club Ltd, an organisation operating in the hospitality sector, sought approval of a proposed enterprise agreement from the Fair Work Commission. The proposed agreement, the Mounties Group Western Sites Enterprise Agreement 2023, was intended to govern the employment terms of workers employed by the Club. The matter was heard by the Fair Work Commission, with the decision delivered by Deputy President A J M Jones and Senior Member R A D Parker.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural validity and whether it contained all the mandated terms as outlined in the Act. The Commission also needed to determine whether the agreement promoted harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission found that the proposed enterprise agreement complied with all the statutory requirements. The Commission noted that the agreement was formed through a genuine process of negotiation, and it contained all the mandated terms as specified in the Fair Work Act 2009. Additionally, the agreement was deemed to promote harmonious, productive, and cooperative workplace relationships, as it provided for fair and reasonable terms of employment. As a result, the Commission approved the Mounties Group Western Sites Enterprise Agreement 2023.

The Fair Work Commission approved the Mounties Group Western Sites Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were required to take all necessary steps to give effect to the approved agreement.

Mount Pritchard & District Community Club Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established