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

[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

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.

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The North Haven Bowling & Recreation Club Ltd, trading as Club North Haven, applied to the Fair Work Commission for approval of its 2022 Enterprise Agreement. The dispute arose from the negotiation and subsequent approval process of this agreement, which governs the terms and conditions of employment for the club’s employees. The Fair Work Commission was the tribunal tasked with evaluating the fairness and compliance of the proposed agreement.

The primary legal issues the Commission addressed were whether the agreement met the statutory requirements for good faith bargaining and if it complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it adhered to the procedural fairness principles outlined in the legislation. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions and demonstrating a willingness to reach a consensus. The agreement was deemed to contain all the required minimum terms and conditions, and the Commission was satisfied that the procedural fairness was observed throughout the negotiation process. After thorough examination, the Commission approved the agreement, finding it to be fair and compliant with the legislative requirements.

The Fair Work Commission approved the North Haven Bowling & Recreation Club Ltd Enterprise Agreement 2022, effective from the date of the decision. The Commission's approval was based on the determination that the agreement was negotiated in good faith and met all the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established