DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Revesby Workers Club Ltd
(AG2018/2143)

REVESBY WORKERS’ ENTERPRISE AGREEMENT 2018

Licensed and registered clubs
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Revesby Workers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Revesby Workers’ Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Revesby Workers Club Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 25 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Revesby Workers Club Ltd, sought the Fair Work Commission’s approval of the Revesby Workers’ Enterprise Agreement 2018. The respondent, the Hospitality Industry Employees Union, objected to the approval, arguing that the enterprise agreement failed to meet the requirements of section 230 of the Fair Work Act 2009. The dispute came before the Full Bench of the Fair Work Commission.

The primary issue before the court was whether the enterprise agreement met the statutory requirements for approval, specifically whether the agreement had been made in good faith and for the purpose of creating a workplace agreement. The union argued that the agreement was not made in good faith because it contained terms that were not negotiated in good faith and did not adequately protect the interests of the employees. The club argued that the agreement had been negotiated in good faith and met all the statutory requirements for approval.

The Full Bench found that the enterprise agreement did not meet the statutory requirements for approval. The court found that the club had not negotiated in good faith and had not adequately protected the interests of the employees. The court found that the agreement contained terms that were not reasonable and that the club had not made a genuine attempt to reach an agreement with the union. The Full Bench rejected the application for approval of the enterprise agreement.

The Full Bench rejected the application for approval of the enterprise agreement and made no orders for its approval. The enterprise agreement will remain unregistered, and the parties will continue to be bound by the terms of the previous enterprise agreement. The union and the club may now seek to negotiate a new enterprise agreement that meets the statutory requirements for approval.

Revesby Workers Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established