Swansea RSL Club Limited

[2014] FWCA 9182

[2014] FWCA 9182

FAIR WORK COMMISSION

DECISION

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

Swansea RSL Club Limited
(AG2014/10700)

SWANSEA RSL CLUB EMPLOYEES ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 18 DECEMBER 2014

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

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Swansea RSL Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Swansea RSL Club Employees Enterprise Agreement (the ‘Agreement’). The Agreement is to cover 55 employees, other than managers, maintenance and horticultural employees, apprentices, trainees or employees employed under AWAs who are employed at the applicant’s Club in Swansea, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 30 September 2014, and voting for the Agreement’s approval took place between 21 and 24 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 18 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms D Taylor, Administration Manager, identified the Registered and Licensed Clubs Award 2010 [MA000054] and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Taylorsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a reduced meal break allowance when required to perform overtime and the removal of late and early work penalties and broken shift allowances for employees who commenced working for the Club after 1999. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including longer minimum engagements for casual employees, paid ten minute rest breaks for every shift over six hours, more generous overtime entitlements and enhanced annual leave loading. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 35 respectively, and a disputes resolution procedure at clause 32 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 December 2014, Mr P Willink of the Registered and Licensed Clubs Association of New South Wales appeared with Ms D Taylor and Mr K Emerton for the applicant. Mr Willink outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He said that the Agreement is similar to an existing enterprise agreement which covers the employees and merely updates certain benefits and wage outcomes. He also explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Swansea RSL Club Employees Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 22 December 2014 and have a nominal expiry date of 21 December 2018.

DEPUTY PRESIDENT

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