North Sydney Leagues Club Ltd

[2013] FWCA 1707

[2013] FWCA 1707

FAIR WORK COMMISSION

DECISION

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

North Sydney Leagues Club Ltd
(AG2013/5545)

NORTH SYDNEY LEAGUES CLUB LTD ABN 92 000 147 544 EMPLOYEE ENTERPRISE AGREEMENT 2013-2016

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 21 MARCH 2013

Application for approval of the North Sydney Leagues Club Ltd ABN 92 000 147 544 Employee Enterprise Agreement 2013-2016 .

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by North Sydney Leagues 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 Sydney Leagues Club Ltd ABN 92 000 147 544 Employee Enterprise Agreement 2013-2016 (the ‘Agreement’). The Agreement was negotiated with United Voice - Liquor and Hospitality Division, NSW Branch (the ‘Union’). The Agreement is to cover 64 employees who are working at the North Sydney Leagues Club in North Sydney, New South Wales. The Agreement does not cover Club Managers, employees of North’s Fitness (both of whom are, or will be, covered by separate agreements) or administrative employees. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 21 January 2013, and voting for the Agreement’s approval took place on 26 February 2013. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot conducted by Elections Australia Pty Ltd, 28 of the 29 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 March 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Patricia Parker, Human Resources 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’). Ms Parkersaid 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 increased base rates of pay, paid community service leave of up to four days per annum and the continuation of transitional redundancy provisions for NAPSA covered employees until after 31 December 2014. It was also said that another benefit included the ability to cash out accrued annual leave, in certain circumstances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 16 respectively, and a disputes resolution procedure at clause 17 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 March 2013, Mr G Stevenson of Club Industrial and Related Services and Ms P Parker,appeared for the applicant and Mr D Holder for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Stevenson 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. He explained that the Agreement was expressed in similar terms to an approved agreement entered into by the applicant with its employees at its Club in Tweed Heads, New South Wales (See: Seagulls Rugby League Football Club Ltd ACN 000 147 544 Employee Enterprise Agreement 2012-2015 [AE897465]). He also said that the Agreement provides for annual increases in wages of either 3%, or in accordance with the Commission’s Annual Minimum Wage Review, whichever is the higher. Mr Holder submitted that the Union was satisfied with the Agreement and supported the applicant’s submission that the Agreement met the Better Off Overall Test.

[5] Having heard the parties’ 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 Sydney Leagues Club Ltd ABN 92 000 147 544 Employee Enterprise Agreement 2013-2016. Pursuant to s 54 of the Act, the Agreement shall operate from 22 March 2013 and have a nominal expiry date of 22 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE400366  PR534970>