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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Murwillumbah Services Memorial Club Ltd sought approval for its 2021 Enterprise Agreement. The club argued that the proposed agreement was fair and reasonable, meeting all statutory requirements, while the objecting party raised concerns about specific provisions, particularly those relating to wages and working conditions. The commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issue before the commission was whether the agreement met the "better off overall test" under section 234 of the Fair Work Act 2009. This required the commission to assess whether the agreement was, on balance, more favourable than the applicable awards or other agreements. Additionally, the commission needed to consider if the agreement provided adequate protections for employees and if it was consistent with the principles of the Fair Work Act, including fairness and good faith.

The commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. It concluded that the agreement provided employees with improved terms and conditions compared to the relevant awards, thus satisfying the better off overall test. The commission also determined that the agreement was consistent with the principles of the Fair Work Act and provided adequate protections for employees. As a result, the commission approved the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2021.

The Fair Work Commission approved the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2021, finding it to be fair and reasonable, meeting all statutory requirements and providing employees with improved terms and conditions compared to the applicable awards.

Murwillumbah Services Memorial Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established