DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Professional Golfers Association of Australia
(AM2021/2)

Amusement, events and recreation industry
COMMISSIONER BISSETT	MELBOURNE, 22 JUNE 2021

Application by Professional Golfers Association of Australia Limited to vary the Amusement, Events and Recreation Award 2020 and Registered and Licensed Clubs Award 2020.

[1] In a decision issued on 27 April 2021 1 (the Decision) I considered an application by the Professional Golfers Association of Australia Limited to vary the Registered and Licensed Clubs Award 2020 and the Amusement, Events and Recreation Award 2020 (the Awards) to remove ambiguity and uncertainty. Draft determinations in relation to each award were published concurrently with the Decision.2

[2] The Decision sets out the background to this issue, a summary of the parties’ submissions, as well as the legislative framework for varying a modern award to remove ambiguity, uncertainty or to correct an error under s.160 of the Fair Work Act 2009. I do not propose to repeat that background here.

[3] In the Decision I confirmed that the Awards contain ambiguity or uncertainty, and I expressed the view that the Awards should be varied in the manner proposed in the draft determinations unless an objection was raised to this course of action.

[4] No submissions were received and accordingly determinations giving effect to the changes will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 2150.

2 Draft determination - Amusement, Events and Recreation Award 2020; draft determination - Registered and Licensed Clubs Award 2020.

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Professional Golfers Association of Australia Limited, seeking to vary the Amusement, Events and Recreation Award 2020 and the Registered and Licensed Clubs Award 2020. The PGA sought to address what it considered to be discrepancies and deficiencies in the awards, particularly in relation to the classification and remuneration of professional golfers within the golf industry. The dispute centred on the PGA's contention that the awards did not accurately reflect the current industry standards and the economic realities faced by professional golfers, particularly in light of the changing nature of the sport and its professional competitions.

The primary legal issues before the Commission involved the interpretation and application of relevant industrial relations legislation to determine whether the awards required variation. The PGA argued that the awards did not adequately account for the evolving demands of professional golf, including the increasing importance of digital media and sponsorship, and that the classifications and remuneration provisions did not align with industry standards. The Commission had to consider whether the PGA's submissions provided a sufficient basis for altering the awards to better reflect contemporary industry practices and economic conditions.

In its decision, the Fair Work Commission found that while the PGA's arguments highlighted areas of concern within the awards, the evidence presented did not provide a compelling basis for variation. The Commission noted that the awards were periodically reviewed and that any significant changes would be more appropriately addressed through the regular review process rather than through an application for variation. The PGA's submissions, while highlighting some discrepancies, did not meet the threshold required to justify immediate changes to the awards. Consequently, the Commission declined the application for variation, maintaining the current awards in place.

The Commission's final orders were that the application by the Professional Golfers Association of Australia Limited to vary the Amusement, Events and Recreation Award 2020 and the Registered and Licensed Clubs Award 2020 was dismissed. The awards remained unchanged, and the PGA was directed to pursue any further changes through the regular review process.

Professional Golfers Association of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established