Revesby Workers Club Ltd

[2014] FWCA 1887

[2014] FWCA 1887

FAIR WORK COMMISSION

DECISION

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

Revesby Workers Club Ltd
(AG2014/381)

REVESBY WORKERS' ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 21 MARCH 2014

Application for approval of the Revesby Workers' Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Revesby Workers Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Revesby Workers’ Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and four non-Union Employee Bargaining Representatives. The Agreement is to cover 300 employees, other than management, who are employed at the applicant’s Clubs in Revesby, Mooney Mooney and Panania in 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 Monday 8 July 2013 and voting for the Agreement’s approval took place between 10 and 11 February 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, 125 of the 126 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 February 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Spicer, Human Resources Manager identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Spicersaid that the Agreement did provide for some terms that were less beneficial than the Agreement, including the removal of a shift penalty for employees working prior to 7:00am or after 8:00pm and the removal of an entitlement to an extra day off for full time employees when a public holiday falls on their rostered day off, subject to the employee’s weekly pay not being reduced as a result. However, the Agreement provides for a large number of terms and conditions that are more beneficial than those under the reference instruments, including enhanced overtime entitlements, an annual influenza shot, birthday leave and a number of allowances. Rates of pay are to be increased by 3.5% on 1 July 2014, 2.5% on 1 July 2015, 2.5% on 1 July 2016 and 4% on 1 July 2017. Should the Government freeze the legislated superannuation 0.5% increases in 2015 and 2016, the pay rates for both years will be increased by the difference. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.14 and 2.2 respectively, and a disputes resolution procedure at clause 2.3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 17 March 2014, Mr S Spicer appeared Ms S Buhagiar for the applicant, Mr M Dusevic for the Union and Mr J Hurst, Mr N LeSueur, Mr T Honer and Ms S Boyer appeared in their respective capacities as Employee Bargaining Representatives. 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. Mr Spicer 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 Dusevic, Mr Hurst, Mr LeSueur, Mr Honer and Ms Boyer supported the submissions of Mr Spicer.

[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 Revesby Workers’ Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 24 March 2014 and have a nominal expiry date of 23 March 2018.

DEPUTY PRESIDENT

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