DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Newcastle Rugby League Club Ltd T/A Souths Merewether
(AG2017/5776)

SOUTH NEWCASTLE RUGBY LEAGUE CLUB LIMITED EMPLOYEE ENTERPRISE AGREEMENT

Licensed and registered clubs
COMMISSIONER WILSON	MELBOURNE, 20 APRIL 2018

Application for approval of the South Newcastle Rugby League Club Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Newcastle Rugby League Club Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Newcastle Rugby League Club Ltd T/A Souths Merewether. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 26 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

South Newcastle Rugby League Club Ltd, trading as Souths Merewether, applied to the Fair Work Commission for approval of the South Newcastle Rugby League Club Ltd Enterprise Agreement 2017. The application was contested by the Retail and Fast Food Workers Union of Australia. The dispute centred on the terms of the proposed agreement, particularly those relating to employee classification, remuneration, and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided adequate protections for employees and complied with the relevant statutory provisions. Specifically, the Commission had to assess if the agreement appropriately classified employees, ensured fair remuneration, and included terms that were not contrary to public policy or contrary to the spirit of the Fair Work Act. The Commission also considered the bargaining power of the parties and whether the agreement was made in good faith.

After reviewing the submissions from both parties and the evidence presented, the Fair Work Commission found that the proposed agreement largely met the statutory requirements. The Commission determined that the classification of employees and the terms regarding remuneration were fair and not contrary to public policy. The Commission also concluded that the agreement was made in good faith and that the bargaining process was conducted appropriately. Therefore, the Commission approved the South Newcastle Rugby League Club Ltd Enterprise Agreement 2017.

South Newcastle Rugby League Club Ltd T/A Souths Merewether

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established