DECISION

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

Murwillumbah Services Memorial Club Ltd
(AG2017/3066)

MURWILLUMBAH SERVICES MEMORIAL CLUB LTD ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 AUGUST 2017

Application for approval of the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murwillumbah Services Memorial Club Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Murwillumbah Services Memorial Club Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2017. The nominal expiry date of the Agreement is 30 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Murwillumbah Services Memorial Club Limited lodged an application for the approval of the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2017. The application was heard by Deputy President C Brown and Registrar K L O’Connor. The primary issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it contained minimum terms and conditions of employment, and whether it was made in good faith and not compelled by any act of intimidation or coercion.

The court considered whether the agreement included the mandated minimum terms as outlined in the Fair Work Act and whether it was negotiated in good faith. The Club argued that the agreement was fairly negotiated and contained all necessary minimum terms. The court examined the negotiation process and the contents of the agreement to determine if it met the statutory criteria. The Club provided evidence of the negotiation process and the contents of the agreement, which were found to comply with the requirements for approval. The court concluded that the agreement was made in good faith and contained all minimum terms, leading to the approval of the agreement.

The court ordered that the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was deemed to be in effect from the date of the approval, and the court provided its reasons for the approval in the written decision. The decision was made in accordance with the statutory provisions and the evidence presented during the hearing.

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