South Sydney Junior Rugby League Club Limited trading as The Juniors Group of Clubs

[2025] FWCA 2889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Sydney Junior Rugby League Club Limited trading as The Juniors Group of Clubs

(AG2025/2615)

SOUTH SYDNEY JUNIOR RUGBY LEAGUE CLUB EMPLOYEES ENTERPRISE AGREEMENT 2025

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 AUGUST 2025

Application for approval of the South Sydney Junior Rugby League Club Employees Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the South Sydney Junior Rugby League Club Employees Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Delegates’ Rights Term

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Registered and Licensed Clubs Award 2020 is taken to be a term of the Agreement.

Undertakings

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of the Act.

Pursuant to section 202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 27 August 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the South Sydney Junior Rugby League Club Limited, trading as The Juniors Group of Clubs, to the Fair Work Commission for the approval of the South Sydney Junior Rugby League Club Employees Enterprise Agreement 2025. The agreement was submitted for consideration as a "modern award" under the Fair Work Act 2009. The dispute centred around the procedural and substantive fairness of the proposed agreement, with the union representing the employees contesting certain terms and conditions.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, specifically whether the process by which it was negotiated and agreed upon was fair and appropriate, and whether the terms of the agreement were consistent with the principles of procedural and substantive fairness. The union argued that the process lacked transparency and that some of the terms were unfair.

The Fair Work Commission examined the evidence provided regarding the negotiation process and found that the club had made reasonable efforts to engage with the union in good faith. The Commission also considered the terms of the agreement and found that, while some provisions were contentious, they were not so unfair as to warrant refusal of approval. The Commission concluded that the agreement was procedurally and substantively fair and approved the application. The union's objections were not sufficient to overturn the agreement, as the club had demonstrated a commitment to fair bargaining practices and the terms of the agreement were reasonable in the context of the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established