Richmond Club Limited

[2013] FWCA 6969

[2013] FWCA 6969

FAIR WORK COMMISSION

DECISION

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

Richmond Club Limited
(AG2013/2684)

RICHMOND REGISTERED CLUBS ENTERPRISE AGREEMENT 2013

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Richmond Registered Clubs Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Richmond Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Richmond Registered Clubs Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice - Liquor and Hospitality Division (the ‘Union’) and 14 Employee Bargaining Representatives. The Agreement is to cover 155 employees, excluding management, who are engaged at the applicant’s Club in Richmond 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 15 May 2013, and voting for the Agreement’s approval took place between 15 August and 19 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 31 of the 32 employees who voted agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 September, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Talbot, Group Chief Executive Officer identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Employees (State) Award 2010 [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Talbotsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for a casual minimum engagement of three hours, penalty rates on New Years’ Eve and more generous First Aid Allowances. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 27 and 39 respectively, and a disputes resolution procedure at clause 40 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 11 September 2013, Ms K Gower,appeared for the applicant and Mr C Acev and Mr G Gilchrist for the Union. Ms Gower 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. In response to a question from me as to the poor voter turnout, she responded that the Employee Bargaining Representatives appeared to be happy with the result. They had supervised the voting process and had encouraged employees to vote. The Union had not filed a Form F18. Mr Acev advised that the Union did not support the approval of the Agreement on the basis that the pay increases were insufficient. However, he did not allege that the Agreement did not meet the BOOT.

[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 Richmond Registered Clubs Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 18 September 2013 and have a nominal expiry date of 18 September 2016.

DEPUTY PRESIDENT

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