DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Sydney Junior Rugby League Club Ltd T/A The Juniors
(AG2017/2485)

MANAGEMENT ENTERPRISE AGREEMENT SOUTH SYDNEY JUNIOR RUGBY LEAGUE CLUB LIMITED AND THE GROUPS MANAGEMENT EMPLOYEES

Licensed and registered clubs
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 AUGUST 2017

Application for approval of the Management Enterprise Agreement South Sydney Junior Rugby League Club Limited and The Groups Management Employees.

[1] An application has been made for approval of an enterprise agreement known as the Management Enterprise Agreement South Sydney Junior Rugby League Club Limited and The Groups Management Employees (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Sydney Junior Rugby League Club Ltd T/A The Juniors. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 28 August 2017 and, in accordance with s.54, will operate from 4 September 2017. The nominal expiry date of the Agreement is 4 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The South Sydney Junior Rugby League Club Limited, trading as The Juniors, sought approval of the Management Enterprise Agreement. This was between the club and the management employees. The applicants sought an order approving the agreement as a safety net agreement under the Fair Work Act 2009. The dispute came before the Federal Circuit Court. The court was required to determine whether the agreement met the requirements of the Fair Work Act. It needed to consider if it provided for minimum terms and conditions of employment. It also had to determine whether it met the safety net purpose.

The court found that the agreement contained the prescribed minimum terms and conditions and met the safety net purpose. The court noted that the agreement provided for a standard working week of 38 hours. It also included provisions for overtime, shift loadings, penalty rates, and annual leave loadings. The court concluded that the agreement provided for terms and conditions that were no less favourable than the applicable award. The court found that the agreement met the safety net purpose because it provided for minimum terms and conditions of employment. The court approved the agreement as a safety net agreement.

The court made an order approving the Management Enterprise Agreement as a safety net agreement. This was between the South Sydney Junior Rugby League Club Limited and the management employees. The order approved the agreement as a safety net agreement under the Fair Work Act 2009.

South Sydney Junior Rugby League Club Ltd T/A The Juniors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established