Pambula Merimbula Golf Club Limited

[2014] FWCA 7713

[2014] FWCA 7713

FAIR WORK COMMISSION

DECISION

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

Pambula Merimbula Golf Club Limited
(AG2014/7904)

PAMBULA MERIMBULA GOLF CLUB LIMITED ENTERPRISE AGREEMENT 2014-2018

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 30 OCTOBER 2014

Pambula Merimbula Golf Club Limited Enterprise Agreement 2014-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Pambula Merimbula Golf Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Pambula Merimbula Golf Club Limited Enterprise Agreement 2014-2018 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and Ms Z Smallwood,a nominated Employee Bargaining Representative. It is to cover 30 employees, other than the General Manager, the Course Superintendent and apprentices who are employed at the applicant’s Club in Merimbula, New South Wales. 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 1 April 2014, and voting for the Agreement’s approval took place between 30 September and 3 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 20 of the 22 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms M Vernon, General Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award [AN120136], the Club Managers’ (State) Award 2006 [AN120138] and the Bowling and Golf Clubs Employees (State) Award [AN120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Vernonsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including the removal of penalty rates for work performed late, early and for broken periods of work. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay and overtime rates for casual employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 14 and 49 respectively, and a disputes resolution procedure at clause 45 provides for conciliation, mediation and arbitration by the Commission.

[4] At a hearing of the application on 27 October 2014, Ms M Vernon appeared for the applicant and Mr C Acev 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. Ms Vernon 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. She explained that rates of pay are to be increased during the nominal term of the Agreement on the anniversary of the Agreement’s approval, by 3% or in accordance with the Commission’s Minimum Wage Review decisions, whichever is the higher. After the expiry of the nominal term of the Agreement, rates of pay are to be increased in accordance with the Commission’s Minimum Wage Review decisions. Mr Acev supported the submissions of Ms Vernon.

[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 Pambula Merimbula Golf Club Limited Enterprise Agreement 2014-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 3 November 2014 and have a nominal expiry date of 2 November 2018.

DEPUTY PRESIDENT

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