DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutherland District Trade Union Club T/A Tradies
(AG2018/6587)

SUTHERLAND DISTRICT TRADE UNION CLUB LTD MANAGEMENT ENTERPRISE AGREEMENT 2018

Licensed and registered clubs
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2019

Application for approval of the Sutherland District Trade Union Club Ltd Management Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sutherland District Trade Union Club Ltd Management Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sutherland District Trade Union Club T/A Tradies. 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.

[3] 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.

[4] The Club Managers’ Association, Australia 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 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 20 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Sutherland District Trade Union Club T/A Tradies, the Fair Work Commission was asked to approve a management enterprise agreement. This agreement was between the Sutherland District Trade Union Club Ltd and its employees. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues that the Commission had to decide upon included whether the agreement provided for the prescribed minimum entitlements for employees, whether it had been negotiated genuinely, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. The Commission also had to consider if the agreement contained appropriate dispute resolution mechanisms and if it had been made in good faith.

The Commission found that the agreement did indeed provide for the prescribed minimum entitlements and that it had been negotiated genuinely. The terms of the agreement were also found to be in compliance with the Fair Work Act. The Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms and had been made in good faith. As a result, the Fair Work Commission approved the Sutherland District Trade Union Club Ltd Management Enterprise Agreement 2018.

Sutherland District Trade Union Club 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