| [2025] FWCA 2933 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South Sydney Junior Rugby League Club trading as The Juniors Group of Clubs
(AG2025/2616)
SOUTH SYDNEY JUNIOR RUGBY LEAGUE CLUB MANAGEMENT ENTERPRISE AGREEMENT 2025 - 2029
| Hospitality industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 1 SEPTEMBER 2025 |
Application for approval of the South Sydney Junior Rugby League Club Management Enterprise Agreement 2025-2029
An application has been made for approval of an enterprise agreement known as the South Sydney Junior Rugby League Club Management Enterprise Agreement 2025-2029 (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 8 September 2025. The nominal expiry date of the Agreement is 31 August 2029.
Printed by authority of the Commonwealth Government Printer
<AE530278 PR791269>
Annexure A
- AGLC
- South Sydney Junior Rugby League Club trading as The Juniors Group of Clubs [2025] FWCA 2933
- Case
- [2025] FWCA 2933
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement contained all the mandated terms and conditions, whether it complied with the Fair Work Act, and whether it was fairly and appropriately negotiated. The Commission had to consider whether the agreement provided for reasonable terms and conditions of employment, including matters such as minimum rates of pay, maximum hours of work, leave entitlements, and other relevant employment terms. Additionally, the Commission examined whether the agreement was genuinely negotiated between the club and its employees and whether it addressed any specific issues relevant to the club's operations and its employees.
After reviewing the proposed agreement, the Commission determined that it met the legal requirements and was fairly negotiated. The agreement was found to include all mandated terms and conditions, and it provided for reasonable employment terms that aligned with the Fair Work Act. The Commission was satisfied that the agreement was appropriately negotiated between the club and its employees and that it addressed relevant issues specific to the club's operations. Consequently, the Commission approved the proposed agreement, ensuring that the terms and conditions for the employees of the South Sydney Junior Rugby League Club would be formally established and regulated for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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