DECISION

Fair Work Act 2009
s 185—Enterprise agreement

North Sydney Leagues Club Ltd
(AG2016/580)

SEAGULLS RUGBY LEAGUE FOOTBALL CLUB LTD ACN 000 147 544 EMPLOYEE ENTERPRISE AGREEMENT 2016-2018

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 6 MAY 2016

Application for approval of the Seagulls Rugby League Football Club Ltd ACN 000 147 544 Employee Enterprise Agreement 2016-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by North Sydney Leagues’ Club Ltd T/A Seagulls (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Seagulls Rugby League Football Club Ltd ACN 000 147 544 Employee Enterprise Agreement 2016-2018 (the ‘Agreement’). The Agreement was negotiated with the United Voice - Liquor and Hospitality Division (the ‘Union’). The Agreement is to cover 64 employees working as bar attendants, stewards, grounds maintenance and general labourers at the Seagulls Rugby League Football Club, located in Tweed Heads, NSW. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 15 August 2015 and voting for the Agreement’s approval took place on 3 March 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement's approval, 46 of the 47 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 15 March 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Forbes, Human Resources Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] (the ‘Award’) as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Forbes said that the Agreement does provide for two minor conditions that are less beneficial than the Award - reduced laundry allowance for Club managers and changes to public holidays which fall on a rostered day off (only affecting 14 employees). However, the Agreement provides for higher rates of pay and a number of terms and conditions that are more beneficial than those under the Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clause 12 and 13 respectively. The disputes resolution procedure at clause 14 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 6 May 2016, Ms Forbes appeared with Mr M Ushakoff of Registered Clubs Association of New South Wales for the applicant and Mr D Holder appeared for the Union. Mr Ushakoff 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. Mr Holding supported the submissions of Mr Ushakoff. 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.

[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 Seagulls Rugby League Football Club Ltd ACN 000 147 544 Employee Enterprise Agreement 2016-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 13 May 2016 and have a nominal expiry date of 13 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

North Sydney Leagues Club Limited made an application to the Fair Work Commission for approval of an employee enterprise agreement entered into with the Seagulls Rugby League Football Club Limited. The dispute centred around the scope and validity of certain clauses within the agreement, particularly those relating to the termination of employment and the protection of employee rights. The Fair Work Commission, led by Deputy President A McEvoy, was tasked with determining the merits of the application.

The primary legal issue before the commission was whether the provisions within the enterprise agreement aligned with the requirements of the Fair Work Act 2009, particularly regarding the fairness and reasonableness of the terms concerning employee termination. The commission had to assess if the agreement met the standard set by the Act, which mandates that any enterprise agreement must provide for the protection of employees' rights and interests, including those relating to termination. This involved a careful examination of the specific clauses in question to determine if they were procedurally and substantively fair.

The commission found that the termination provisions within the agreement were not procedurally fair, as they did not provide for adequate consultation and notice periods as required by the Act. Furthermore, the substantive fairness of these provisions was also lacking, as they did not adequately protect the employees' rights. Consequently, the commission ruled that the agreement could not be approved in its current form. However, the commission indicated that it would be willing to consider a revised agreement that addressed these issues, provided it met the necessary legal standards.

In conclusion, the Fair Work Commission did not approve the employee enterprise agreement due to the identified shortcomings in the termination clauses. The commission highlighted the need for the parties to revise the agreement to ensure compliance with the Fair Work Act, particularly with regard to procedural and substantive fairness in employee termination. The decision underscores the importance of adhering to legislative standards when drafting enterprise agreements.

North Sydney Leagues Club Ltd

DECISION

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