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

[2022] FWCA 3318

[2022] FWCA 3318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3470)

North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2022

Hospitality industry
COMMISSIONER SIMPSON	BRISBANE, 26 SEPTEMBER 2022

Application for approval of the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the North Haven Bowling and Recreation Club Ltd Enterprise Agreement 2022 (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 & Recreation Club Ltd T/A Club North Haven (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a model flexibility term compliant with the Act. 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.

1. Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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