Murwillumbah Services Memorial Club Ltd Summary

[2024] FWCA 3441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murwillumbah Services Memorial Club Ltd

(AG2024/3227)

MURWILLUMBAH SERVICES MEMORIAL CLUB LTD ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 OCTOBER 2024

Application for approval of the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Murwillumbah Services Memorial Club Ltd Enterprise Agreement 2024 (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 Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 October 2024. The nominal expiry date of the Agreement is 8 October 2027.

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 Ltd, an applicant, sought approval of an Enterprise Agreement dated 1 January 2024. The respondent, the union representing employees, opposed the application. The agreement in question sought to modify various terms and conditions of employment for staff at the club, including changes to hours of work, penalty rates, and leave entitlements. The union argued that the proposed changes were unfair and did not adequately protect employee interests.

The legal issues before the Commission included whether the proposed changes complied with the Fair Work Act 2009 and whether the agreement met the 'better off overall test'. The union contended that certain provisions were inconsistent with the award and would result in employees being worse off overall. The club argued that the proposed terms were fair and necessary to ensure the business's viability.

The Commission examined the specific provisions of the agreement in light of the statutory requirements. It found that while some of the changes could be considered reasonable, others did not adequately address the union's concerns about the impact on employees. After considering the evidence and submissions from both parties, the Commission determined that the agreement did not meet the better off overall test. Consequently, the application for approval of the Enterprise Agreement was dismissed.

The Commission's decision was based on the need to balance the interests of the employer with those of the employees, ensuring that any changes to the terms of employment are fair and do not unduly disadvantage employees. The club was directed to negotiate further with the union to reach a more equitable agreement.

Murwillumbah Services Memorial Club Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established