Rosebud Country Club

[2014] FWCA 4235

[2014] FWCA 4235

FAIR WORK COMMISSION

DECISION

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

Rosebud Country Club
(AG2014/6392)

ROSEBUD COUNTRY CLUB AND THE AUSTRALIAN WORKERS' UNION ENTERPRISE AGREEMENT 2014.

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 1 JULY 2014

Application for approval of the Rosebud Country Club and The Australian Workers' Union Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Rosebud Country Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Rosebud Country Club and the Australian Workers’ Union Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and is to cover employees engaged as levels 1 to 3 Maintenance and Horticultural employees, engaged at any site operated by the applicant. 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 12 June 2013, and voting for the Agreement’s approval took place on 30 May 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 8 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 June 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Groves, Managing Director, identified the Registered and Licensed Clubs Award as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Grovessaid that the Agreement does provide for a term that is less beneficial than under the Modern Award, such as no allowances for working early or working away from the usual place of work. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the Modern Award, including higher rates of pay, longer minimum engagements for hours worked on Saturday and Sunday, the option of converting from casual employment to full-time or part-time employment after 6 months of service, provision of tool and meal allowance, increased rates for more than 5 hours overtime without a break, and the option to cash out annual leave. Rates of pay are to be increased by 3.5% from the date of the Agreement’s approval and will be back dated to 1 December 2013, and are to be further increased by 3.5% on the first and second anniversaries of the Agreement’s approval. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clause 7 and clause 27 respectively, and a disputes resolution procedure at clause 28 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 June 2014, Mr W O’Donnell of FCB Group appeared with Mr B Groves for the applicant and Mr J Blandthorn for the Union. 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 O’Donnell 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 Blandthorn supported the applicant’s submission and agreed, in particular, that the Agreement met 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 Rosebud Country Club and The Australian Workers’ Union Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 2 July 2014 and have a nominal expiry date of 30 November 2017.

DEPUTY PRESIDENT

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