The Inverell Returned Servicemen's Memorial Club Ltd Trading AS Inverell RSM Club Ltd

[2025] FWCA 2533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Inverell Returned Servicemen's Memorial Club Ltd Trading AS Inverell RSM Club Ltd

(AG2025/2319)

INVERELL RSM CLUB LTD ENTERPRISE AGREEMENT 2025

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 31 JULY 2025

Application for approval of the Inverell RSM Club Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Inverell RSM Club Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Inverell Returned Servicemen's Memorial Club Ltd Trading as Inverell RSM 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Registered and Licensed Clubs Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.26.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 7 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Inverell Returned Servicemen's Memorial Club Limited, trading as Inverell RSM Club Limited, applied to the Fair Work Commission for approval of the Enterprise Agreement 2025. The Fair Work Commission is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute primarily revolves around the terms and conditions of employment as stipulated in the proposed enterprise agreement, which the parties have submitted for approval. The Commission needed to determine whether the agreement complied with the legal requirements set out in the Fair Work Act and whether it was made in accordance with the provisions of the Act.

The legal issues before the Fair Work Commission included whether the agreement met the statutory requirements for approval, such as whether it was made without the influence of coercion, undue influence, or any form of unfair bargaining. Additionally, the Commission had to consider if the agreement provided for minimum entitlements and whether it contained any terms that were contrary to the public interest. The Commission also examined whether the agreement had been genuinely negotiated between the parties and whether it was made in good faith.

After thorough consideration of the evidence and submissions presented, the Fair Work Commission found that the Enterprise Agreement 2025 met the statutory requirements for approval. The Commission concluded that the agreement was made without any undue influence or coercion, and it provided for minimum entitlements as required by law. The Commission also determined that the agreement had been genuinely negotiated and made in good faith. Given these findings, the Commission approved the Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established