DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John’s Park Bowling Club Ltd T/A St John’s Park Bowling Club
(AG2019/3467)

ST JOHNS PARK BOWLING CLUB EMPLOYEE AGREEMENT 2019-2023

Licensed and registered clubs
COMMISSIONER YILMAZ	MELBOURNE, 6 FEBRUARY 2020

Application for approval of the St Johns Park Bowling Club Employee Agreement 2019 -2023.

[1] An application has been made for approval of an enterprise agreement known as the St Johns Park Bowling Club Employee Agreement 2019 -2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John’s Park Bowling Club Ltd T/A St John’s Park Bowling Club. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union 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, will operate from 13 February 2020. The nominal expiry date of the Agreement is 5 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John’s Park Bowling Club Ltd, trading as St John’s Park Bowling Club, applied for approval of the St Johns Park Bowling Club Employee Agreement 2019-2023. The application was made to the Fair Work Commission under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically concerning the agreement's coverage of a sufficient proportion of employees and its alignment with the principles of the safety net.

The legal issues before the Commission involved determining if the agreement was sufficiently representative of the employees and if it adhered to the safety net provisions of the Fair Work Act. The applicant argued that the agreement was representative and met the necessary requirements, while the objector contended that it did not cover a sufficient proportion of employees and failed to meet safety net standards.

The Commission examined the application and the submissions from both parties. It found that the agreement covered a sufficient proportion of employees and complied with the safety net provisions. The Commission noted that the agreement provided for terms and conditions that were at least equal to the relevant award or modern award. Additionally, the applicant demonstrated that the agreement was representative of the employees within the bargaining unit.

Accordingly, the Commission approved the St Johns Park Bowling Club Employee Agreement 2019-2023. The decision was made on the basis that the agreement met the criteria for approval under the Fair Work Act, ensuring that it covered a sufficient proportion of employees and adhered to the safety net provisions.

St John’s Park Bowling Club Ltd T/A St John’s Park Bowling Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established