Royal Perth Golf (Inc)

[2013] FWCA 1082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Perth Golf (Inc)
(AG2013/26)

ROYAL PERTH GOLF CLUB ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Royal Perth Golf Club Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Royal Perth Golf Club for the approval of an Enterprise Agreement. The application was made to the Fair Work Commission, which is the relevant tribunal for such matters under Australian labour law. The dispute arose as a result of disagreements between the Club and its employees, primarily concerning terms and conditions of employment. The Fair Work Commission's role was to assess whether the proposed agreement met the legal requirements for approval, including fairness and compliance with the relevant industrial legislation.

The legal issues before the Commission were whether the Enterprise Agreement was genuinely negotiated, contained the necessary provisions, and was fair and reasonable. The Commission needed to consider if the agreement met the criteria set out in the Fair Work Act 2009, particularly sections concerning the nature of the agreement, procedural fairness, and the terms and conditions of employment. Additionally, the Commission had to examine if the agreement was consistent with the principles of procedural fairness and did not contain any terms that were contrary to public policy.

The Commission found that the proposed Enterprise Agreement was genuinely negotiated and contained all the necessary provisions. It concluded that the agreement was fair and reasonable, meeting the statutory requirements. The Commission emphasised the importance of procedural fairness and noted that the employees had been adequately consulted and informed throughout the negotiation process. The agreement was approved as it did not contain any terms that were contrary to public policy or legislation.

The final orders of the Commission were that the Enterprise Agreement be approved and registered. The agreement was to come into effect from a specified date, and the terms and conditions outlined in the agreement were to apply to the employees of Royal Perth Golf Club. The decision was made in the context of ensuring that the employees' rights and interests were protected while also recognising the legitimate operational needs of the Club.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established