Penrith Rugby League Club Limited T/A Panthers Group Summary

[2024] FWCA 2921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Penrith Rugby League Club Limited T/A Panthers Group

(AG2024/2470)

PANTHERS GROUP ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 AUGUST 2024

Application for approval of the Panthers Group Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Panthers Group Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2024. The nominal expiry date of the Agreement is 3 September 2028.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Penrith Rugby League Club Limited, trading as the Panthers Group, sought approval of an enterprise agreement. The application was brought by the applicant, who sought to have the agreement recognised as a valid and binding enterprise agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement, particularly the process by which the agreement was reached and the extent to which employees were involved in its development.

The legal issues before the Commission were whether the enterprise agreement had been made in accordance with the requirements of the Fair Work Act and whether the process by which the agreement was negotiated and agreed to was procedurally fair. Key points of contention included the method of employee engagement and whether the agreement adequately represented the interests of the workforce. The Commission needed to determine if the agreement was made without any coercion or undue influence and if the process allowed for genuine negotiation between the parties.

In reaching its decision, the Commission considered the evidence provided by both parties, including documentation of the negotiation process, employee engagement strategies, and the content of the agreement itself. The Commission found that the process by which the agreement was negotiated was procedurally fair, with adequate opportunities for employee input and representation. The Commission also noted that the agreement contained provisions that were beneficial to the employees and reflected a genuine effort to balance the interests of both parties. Based on this, the Commission approved the enterprise agreement, finding it to be a valid and binding instrument under the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement as a certified agreement, effective from a specified date. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until a new agreement was made or until it was terminated in accordance with the provisions of the Fair Work Act. The decision confirmed the validity of the agreement and provided clarity for both the employer and the employees regarding their rights and obligations under the agreement.

Penrith Rugby League Club Limited T/A Panthers Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established