St Marys Rugby League Club Ltd

[2022] FWCA 3740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Marys Rugby League Club Ltd

(AG2022/3739)

St Marys Rugby League Club Ltd Employees Enterprise Agreement

Licensed and registered clubs
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2022

Application for approval of the St Marys Rugby League Club Ltd Employees Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the St Marys Rugby League Club Ltd Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Marys Rugby League Club Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 28.2 – Public Holidays.

However, noting clause 3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 25 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, St Marys Rugby League Club Ltd sought approval of a new employees enterprise agreement. The applicant argued that the agreement was appropriate for the club and its employees, addressing various terms and conditions of employment. The dispute was primarily about whether the proposed agreement complied with the relevant federal legislation and if it adequately met the interests of both the club and its employees.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it appropriately balanced the interests of both the club and the employees. Specifically, the Commission needed to consider if the agreement met the requirements for "modern awards" and if it provided for appropriate minimum terms and conditions as mandated by the legislation. Additionally, the fairness of the agreement had to be assessed to ensure it was not unduly harsh, unjust, or unreasonable.

In its decision, the Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act 2009. It determined that the agreement was consistent with modern awards and provided for appropriate minimum terms and conditions. The Commission also concluded that the agreement was fair and balanced, considering the specific circumstances of the club and its employees. Therefore, the application for approval was successful, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established