DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Swansea RSL Club Limited
(AG2018/6260)

SWANSEA RSL CLUB EMPLOYEES ENTERPRISE AGREEMENT

Hospitality industry
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for approval of the Swansea RSL Club Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Swansea RSL Club 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 Swansea RSL Club. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 12 March 2019, which included further material in support of the application together with Undertakings, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 13 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Swansea RSL Club Limited and its employees, with the dispute centering on the approval of the proposed Employees Enterprise Agreement. The matter was heard by Commissioner K. D. Johnston. The applicants sought approval for the agreement which had been negotiated with the club, aiming to regulate employment conditions, including wages, hours of work, and other terms and conditions of employment.

The legal issues before the court included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly whether it met the criteria for being a "good faith" agreement, and if it provided for fair and reasonable terms and conditions. Additionally, the court had to assess whether the agreement was genuinely negotiated and whether it was likely to achieve improved productivity, efficiency, and profitability.

Commissioner Johnston found that the agreement was genuinely negotiated and met the criteria for good faith, as it contained fair and reasonable terms. The agreement was considered likely to achieve the desired improvements in productivity, efficiency, and profitability. Consequently, the Commissioner approved the application and declared the agreement to be a registered agreement under the Act.

The final orders included the registration of the Swansea RSL Club Employees Enterprise Agreement, effective from the date of the decision. The agreement was to apply to the employees of Swansea RSL Club Limited and was to be binding on both the employer and the employees for the specified period.

Swansea RSL Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established