Royal Perth Golf Club (Inc) t/a Royal Perth Golf Club

[2016] FWCA 9270

[2016] FWCA 9270

FAIR WORK COMMISSION

DECISION

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

Royal Perth Golf Club (Inc) t/a Royal Perth Golf Club
(AG2016/7570)

ROYAL PERTH GOLF CLUB ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 29 DECEMBER 2016

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

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ms Gillian Howe of Employer Support Services on behalf of the Royal Perth Golf Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Royal Perth Golf Club Enterprise Agreement 2017 (the ‘Agreement’). The Agreement is to cover all 49 employees who are engaged in applicant’s golf club in Perth, WA. 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 22 September 2016, and voting for the Agreement’s approval took place on 25 November 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 7 of the employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 December 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Howe,HR Advisor, identified the Registered and Licensed Clubs Award 2010 (MA000058) as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Howe said the Agreement provides for a number of more beneficial terms than the reference instrument, including a higher annual leave loading as well as a ‘loaded’ Monday to Friday rates of pay (25% higher for permanent employees and 35% higher for casual employees). While the Agreement contains less beneficial penalty rates than the reference instrument, clause 9.4 of the Agreement is designed to ensure that employees work sufficient hours Monday to Friday in order that they are ‘better off overall’ when compared to the Award. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. In these circumstances, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 31 and 30 respectively, and a disputes resolution procedure at 28 provides for conciliation and arbitration by the Western Australian Industrial Relations Commission.

[4] At a hearing of the application on 22 December 2016, Ms Howe,appeared for the applicant and 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. She provided a history of agreement making at the Club which she had been personally involved with.

[5] Having heard the applicant’s 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 Royal Perth Golf Club Enterprise Agreement 2017. Pursuant to s 54 of the Act, the Agreement shall operate from 29 December 2016 and have a nominal expiry date of 29 December 2020.

DEPUTY PRESIDENT

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