The Leo-McCarthy Memorial Smithfield R.S.L. Sub-Branch Club Limited T/A Smithfield RSL Club

[2019] FWCA 5424

[2019] FWCA 5424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Leo-McCarthy Memorial Smithfield R.S.L. Sub-Branch Club Limited T/A Smithfield RSL Club
(AG2019/2185)

SMITHFIELD RSL CLUB EMPLOYEES ENTEPRISE AGREEMENT 2019

Licensed and registered clubs
COMMISSIONER BISSETT	MELBOURNE, 5 AUGUST 2019

Application for approval of the Smithfield RSL Club Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Smithfield RSL Club Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Leo-McCarthy Memorial Smithfield R.S.L. Sub-Branch Club Limited T/A Smithfield RSL Club. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 4 August 2023.

COMMISSIONER

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Annexure A