Royal Perth Golf Club (Inc) T/A Royal Perth Golf Club

[2021] FWCA 358

[2021] FWCA 358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Royal Perth Golf Club (Inc) T/A Royal Perth Golf Club
(AG2021/35)

ROYAL PERTH GOLF CLUB ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
COMMISSIONER WILLIAMS	PERTH, 27 JANUARY 2021

Application for termination of the Royal Perth Golf Club Enterprise Agreement 2017.

[1] This decision concerns an application made by Royal Perth Golf Club (Inc) T/A Royal Perth Golf Club (the Applicant) for the termination of the Royal Perth Golf Club Enterprise Agreement 2017 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The Applicant has provided in support of its application a statutory declaration from Ms Gillian Howe (Ms Howe), the Employee Relations Manager for the Applicant.

[6] Ms Howe explains that the Agreement has a nominal expiry date of 29 December 2020 and that termination of the Agreement will result in more flexibility in rostering of the working hours. Separately, Ms Howe has provided information regarding a voting process that took place to ascertain the views of the employees covered by the Agreement. The outcome of that vote was that of the 39 employees, 21 voted in favour of the termination.

[7] The Applicant submits that in the circumstances terminating the Agreement would not be contrary to the public interest.

Consideration

[8] I am satisfied that termination of the Agreement is not contrary to the public interest.

[9] Taking into account the views of the employer and the employees covered by the Agreement, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[10] Accordingly, the Royal Perth Golf Club Enterprise Agreement 2017 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from 1 February 2021.

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