DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutherland District Trade Union Club Ltd T/A Tradies
(AG2017/2197)

SUTHERLAND DISTRICT TRADE UNION CLUB LTD ENTERPRISE AGREEMENT 2017

Licensed and registered clubs
COMMISSIONER SAUNDERS	MELBOURNE, 19 JULY 2017

Application for approval of the Sutherland District Trade Union Club Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sutherland District Trade Union Club Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sutherland District Trade Union Club Ltd T/A Tradies.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The United Voice 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 18 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Sutherland District Trade Union Club Ltd, trading as Tradies, to have its 2017 Enterprise Agreement approved. The Fair Work Commission was the tribunal that heard the matter. The agreement was brought before the commission for scrutiny and validation under the Fair Work Act 2009. The application centred on whether the agreement complied with the legislative requirements and whether it was made in accordance with the procedural standards set by the Act.

The court had to determine if the agreement was a "genuine" enterprise agreement, meeting all the statutory criteria, and if it had been fairly negotiated. This included assessing whether the agreement provided for appropriate minimum wages and conditions, and whether the process for making the agreement was fair. The court also needed to consider whether there were any procedural irregularities or non-compliance with the necessary steps as prescribed by the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement was indeed genuine and met all statutory requirements. The commission was satisfied that the agreement had been negotiated fairly and provided for appropriate minimum wages and conditions. The process followed in making the agreement complied with the procedural standards, and no significant irregularities were identified. The commission approved the agreement, acknowledging the parties' efforts in reaching a consensus that was fair and balanced.

The final orders included the approval of the Sutherland District Trade Union Club Ltd Enterprise Agreement 2017, confirming its validity and enforceability under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to its terms and conditions. The decision provided clarity and certainty for the employer and the employees, ensuring that the agreement would govern their industrial relationship moving forward.

Sutherland District Trade Union Club Ltd T/A Tradies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established