DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosebud Country Club
(AG2018/3090)

ROSEBUD COUNTRY CLUB AND THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2017 - 2020

Licensed and registered clubs
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Rosebud Country Club and The Australian Workers’ Union Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rosebud Country Club and The Australian Workers’ Union Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rosebud Country Club. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Rosebud Country Club involved the applicant, Rosebud Country Club, and the respondent, The Australian Workers’ Union, concerning the application for the approval of an enterprise agreement. The case was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The dispute centred on whether the proposed enterprise agreement, which had been negotiated between the club and the union, met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it had been made without coercion, and whether it contained terms that were consistent with the provisions of the Fair Work Act. Additionally, the Commission needed to determine if the agreement provided adequate protection for employees and if it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement had been made in good faith and without coercion, as evidenced by the negotiation process and the documentation provided. The terms of the agreement were considered to be consistent with the provisions of the Fair Work Act, and the Commission was satisfied that the agreement provided adequate protection for employees. Furthermore, the Commission determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. Consequently, the Commission approved the application for the approval of the Rosebud Country Club and The Australian Workers’ Union Enterprise Agreement 2017 - 2020.

Rosebud Country Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established