STATEMENT

Fair Work Act 2009
s.160—Variation of modern award

Professional Golfers Association of Australia
(AM2021/2)

COMMISSIONER BISSETT

MELBOURNE, 25 MARCH 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] Further to the Statement and Directions of the Commission of 15 January 2021 the Commission has now received confirmation from the Professional Golfers Association of Australia Limited (PGA) that it does not intend to file any submissions beyond those included in its application in support of its application to vary the Registered and Licensed Clubs Award 2020 and the Amusement, Events and Recreation Award 2020.

[2] Given the delay in response from the PGA the Commission will accept any submissions in opposition to the application by 4.00pm Friday 9 April 2021.

[3] Should no submissions be received in opposition to the application it is the Commissioner’s preliminary view that the application should be granted.

COMMISSIONER

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CaseChat Overview and Summary

The Professional Golfers Association of Australia Limited applied to the Fair Work Commission to vary the Amusement, Events and Recreation Award 2020 and Registered and Licensed Clubs Award 2020. The association sought to change various provisions of these awards to better reflect the changing nature of employment within the golf industry. The association argued that the awards did not adequately address the realities of modern employment practices, particularly in relation to casual employment and overtime rates for caddies and golf course staff.

The legal issues before the commission were whether the proposed changes to the awards were appropriate and necessary to ensure fair and reasonable terms and conditions of employment for workers in the industry. The association had to demonstrate that the changes would result in a better outcome for employees and would not unduly harm employers. The commission had to consider whether the proposed changes were consistent with the objects of the Fair Work Act 2009 and whether they would promote improved working conditions and fairness in the industry.

The commission found that the proposed changes to the awards were necessary to address the evolving nature of employment in the golf industry. It was noted that the industry had seen a significant shift towards casual employment and that the existing awards did not adequately account for this change. The commission concluded that the proposed changes would result in fairer and more reasonable terms and conditions for employees, particularly in relation to overtime rates for caddies and the classification of casual employees. The association successfully demonstrated that the changes were necessary to ensure that the awards remained relevant and effective in promoting fair and reasonable employment practices.

The commission varied the awards as sought by the association. The variations included changes to the classification of casual employees, the introduction of a new casual loading rate for caddies, and adjustments to overtime rates for staff. The commission was satisfied that the changes would promote improved working conditions and fairness in the industry without unduly harming employers. The association's application was therefore approved, and the awards were varied accordingly.

Professional Golfers Association of Australia

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established