DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver Service Club Pty Ltd
(AG2016/1048)

SILVER SERVICE CLUB PTY LIMITED ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Silver Service Club Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Silver Service Club Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silver Service Club Pty Ltd. 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 15 June 2016. The nominal expiry date of the Agreement is 7 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Silver Service Club Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Silver Service Club Pty Limited Enterprise Agreement 2016. The applicant, Silver Service Club Pty Ltd, sought approval for the agreement which outlined the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement had been made in accordance with the necessary processes, including adequate consultation and bargaining. Substantively, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including matters such as minimum wages, leave entitlements, and other employment conditions.

The Commission found that the procedural requirements had been met, as there was evidence of genuine and meaningful consultation and bargaining between the parties. In terms of substantive compliance, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. The agreement included provisions for minimum wages, leave entitlements, and other employment conditions that were consistent with the relevant awards and the general principles of fairness and reasonableness.

As a result, the Commission approved the Silver Service Club Pty Limited Enterprise Agreement 2016, finding it met the necessary legal criteria for approval under the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Silver Service Club Pty Ltd are legally recognised and enforceable.

Silver Service Club Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established