Murwillumbah Services Memorial Club Ltd

[2021] FWCA 4400

[2021] FWCA 4400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murwillumbah Services Memorial Club Ltd
(AG2021/5759)

MURWILLUMBAH SERVICES MEMORIAL CLUB LTD ENTERPRISE AGREEMENT 2021

Licensed and registered clubs
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 JULY 2021

Application for approval of the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2021.

[1] Murwillumbah Services Memorial Club Ltd has applied for approval of a single enterprise agreement known as the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contains the mandatory flexibility term and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 23 July 2021 and, in accordance with s.54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 July 2024.
[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

<AE512397  PR732019>

Annexure A