DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Haven Bowling and Recreation Club Ltd T/A Club North Haven
(AG2018/4678)

NORTH HAVEN BOWLING AND RECREATION CLUB LTD ENTERPRISE AGREEMENT 2018

Sporting organisations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 DECEMBER 2018

Application for approval of the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Haven Bowling and Recreation Club Ltd T/A Club North Haven. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 December 2018 and, in accordance with s.54, will operate from 25 December 2018. The nominal expiry date of the Agreement is 18 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of North Haven Bowling and Recreation Club Ltd T/A Club North Haven, the Fair Work Commission was tasked with approving an enterprise agreement between the club and its employees. The dispute centred around the terms and conditions of the proposed agreement, with the club seeking approval for a range of amendments that it argued were necessary for its operational viability. The Commission's role was to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they complied with the provisions of the Act. This included evaluating the impact of the proposed changes on employees' conditions, such as pay rates, hours of work, and other entitlements. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it provided for proper dispute resolution mechanisms. The club argued that the changes were necessary to maintain its financial sustainability, while the employees' representative contended that the proposed changes would adversely affect their conditions.

In delivering its decision, the Commission found that the proposed changes to the enterprise agreement were fair and reasonable. The Commission noted that the agreement had been genuinely negotiated and provided for adequate dispute resolution mechanisms. It also determined that the changes, while impacting employees' conditions, were necessary for the club's financial viability and did not place an undue burden on the employees. The Commission concluded that the proposed agreement met the criteria for approval under the Fair Work Act. As a result, the Commission approved the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2018.

North Haven Bowling and Recreation Club Ltd T/A Club North Haven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established