North Bondi RSL Club Ltd

[2014] FWCA 939

FAIR WORK COMMISSION

DECISION

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

North Bondi RSL Club Ltd
(AG2014/3453)

NORTH BONDI RSL CLUB ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 7 FEBRUARY 2014

Application for approval of the North Bondi RSL Club Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by North Bondi RSL Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the North Bondi RSL Club Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with Mr K Wood, an Employee Bargaining Representative. The Agreement is to cover 15 employees who are employed at the applicant’s Club in North Bondi, New South Wales.

[2] The employees were last notified of their representational rights on 14 November 2013, and voting for the Agreement’s approval took place between 17 and 20 January 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 13 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 21 January 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Lovat, Secretary Manager identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Lovatsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for enhanced overtime entitlements for casual employees, longer minimum engagements and enhanced redundancy entitlements. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 40 respectively, and a disputes resolution procedure at clause 37 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 30 January 2014, Mr H Carayannis,appeared with Mr S Lovat for the applicant. Ms Carayannis outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that while the Agreement expressed at clause 2.4.1 that it did not cover persons covered by Australian Workplace Agreements and Individual Transitional Employment Agreements, the applicant did not currently employ any persons under those instruments and clause 2.4.1 is therefore superfluous.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the North Bondi RSL Club Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 6 February 2014 and have a nominal expiry date of 6 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of the Fair Work Commission, the applicant North Bondi RSL Club Limited sought approval of an enterprise agreement entered into with its employees. The dispute centred on the validity and fairness of the terms and conditions proposed in the agreement, particularly regarding wages, hours of work, and other employment conditions. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and if it was procedurally sound in its creation. The Commission also needed to determine whether the agreement provided a safety net for employees, ensuring they were not disadvantaged compared to the applicable awards.

The Commission found that the agreement was procedurally valid, having been negotiated in good faith and with proper representation. It concluded that the proposed terms and conditions did not disadvantage employees when compared to the applicable awards and met all statutory requirements. The Commission approved the agreement, highlighting its provisions that ensured fair treatment of employees and provided a safety net that aligned with the legislative intent of the Act.

The Fair Work Commission approved the North Bondi RSL Club Enterprise Agreement, subject to the terms and conditions set out in the agreement. The decision affirmed the agreement as meeting all necessary statutory requirements for approval.

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