North Haven Bowling And Recreation Club Ltd Trading AS Club North Haven

[2025] FWCA 3069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North Haven Bowling And Recreation Club Ltd Trading AS Club North Haven

(AG2025/2759)

NORTH HAVEN BOWLING AND RECREATION CLUB LTD ENTERPRISE AGREEMENT 2025

Licensed and registered clubs
COMMISSIONER P RYAN	SYDNEY, 10 SEPTEMBER 2025

Application for approval of the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2025

North Haven Bowling and Recreation Club Ltd (Employer) has made an application for approval of an enterprise agreement known as the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues raised, and the Statement of Principles.[1]

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 September 2025. The nominal expiry date of the Agreement is 17 September 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the North Haven Bowling and Recreation Club Ltd, trading as Club North Haven, and its employees. The dispute centred around the application for approval of the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2025. The case was heard in the Fair Work Commission, which is the body responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the enterprise agreement met the requirements of section 232 of the Fair Work Act, which stipulates that agreements must be in writing and be made between employers and employees. Additionally, the Commission had to consider whether the agreement contained any unfair provisions, and if it adequately protected the rights and interests of the employees. The Commission also had to determine whether the agreement was made in good faith, and if the necessary bargaining processes were followed.

In making its decision, the Commission reviewed the evidence provided by both parties and assessed the provisions of the agreement against the criteria outlined in the Fair Work Act. The Commission found that the agreement was made in good faith and that the necessary bargaining processes were followed. The Commission also determined that the agreement was in writing and contained all the required elements as stipulated by the Act. Furthermore, the Commission found that the agreement did not contain any unfair provisions and adequately protected the rights and interests of the employees. Consequently, the Commission approved the application for the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2025.

As a result of the Commission's decision, the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2025 was approved and will now govern the terms and conditions of employment for the employees of the club. The agreement will remain in effect until such time as it is varied or replaced by a new agreement. This decision provides certainty for both the club and its employees, and ensures that their rights and obligations are clearly defined and understood.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established