Royal Sydney Golf Club Limited

[2014] FWCA 6063

[2014] FWCA 6063

The attached document replaces the document previously issued with the above code on 11 September 2014.

A reference in paragraph [4] to increases to rates of pay has been amended to read ‘Rates of pay are to be increased by 2.5% on 1 January 2015, 2016, 2017 and 2018.’

Sean Howe

Associate to Deputy President Sams

Dated 17 August 2014

[2014] FWCA 6063

FAIR WORK COMMISSION

DECISION

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

Royal Sydney Golf Club Limited
(AG2014/8723)

THE ROYAL SYDNEY GOLF CLUB ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 11 SEPTEMBER 2014

Application for approval of The Royal Sydney Golf Club Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Royal Sydney Golf Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Royal Sydney Golf Club Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (AWU) and United Voice (UV) (collectively, the ‘Unions’) and is to cover 223 employees who are employed at the applicant’s Golf Club in Rose Bay, New South Wales.

[2] The employees were last notified of their representational rights on 27 March 2014 and voting for the Agreement’s approval took place between 14 and 15 August 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, 112 of the 130 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr I Finlayson, Chief Financial Officer, identified the Registered and Licensed Clubs Award 2010 [MA000058], the Club Employees (State) Award 2006 [AN120136], the Club Managers’ (State) Award 2006 [AN120138] and the Bowling and Golf Clubs Employees (State) Award [AN120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Finlaysonsaid that the Agreement does contain some terms and conditions that are less beneficial than those under the reference instruments, including a reduced entitlement to higher duties allowance, the removal of penalty rates for work performed at night or early in the morning for maintenance and horticultural employees and a shorter minimum engagement on public holidays. However, the Agreement also provides for a number of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including substantially higher rates of pay, more generous penalty rates for casual employees, meal entitlements, a number of extra allowances and enhanced severance entitlements for employees who are made redundant. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 43 respectively, and a disputes resolution procedure at clause 59 provides for conciliation or mediation by the Commission. In the event of an unsuccessful conciliation or mediation and where the Commission makes a recommendation, the parties will treat that recommendation as legally binding.

[4] At a hearing of the application on 1 September 2014, Ms H Carayannis of the Registered and Licensed Clubs Association of New South Walesappeared with Ms I Passicot for the applicant, Mr V Falconer for the AWU and Mr M Dusevic for UV. The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wished to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement. Ms Carayannis 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 explained that the rates of pay were between 20 and 40% above those under the reference instruments. Rates of pay are to be increased by 2.5% on 1 January 2015, 2016, 2017 and 2018. Ms Carayannis also drew attention to some typographical errors in the Agreement, noting that a reference in cl 14.3 to ‘clauses 22 (penalty rates) and 29 (overtime)’ should read ‘clauses 23 (penalty rates) and 29 (overtime)’. Mr Falconer and Mr Dusevic supported the submissions of Ms Carayannis.

[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 Royal Sydney Golf Club Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 8 September 2014 and have a nominal expiry date of 7 September 2018.

DEPUTY PRESIDENT

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