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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved The Leo-McCarthy Memorial Smithfield R.S.L. Sub-Branch Club Limited, trading as the Smithfield RSL Club, which sought approval for its Employees Enterprise Agreement 2019. The application was lodged with the Fair Work Commission, which is tasked with overseeing and approving such agreements to ensure they comply with relevant employment laws. The dispute centred on the terms and conditions set out in the proposed agreement, and whether they met the statutory requirements for approval.

The legal issues the court was required to decide were whether the proposed agreement adequately met the criteria set out in the Fair Work Act 2009. These included whether the agreement provided for fair and reasonable terms, was free from coercion and undue influence, and whether it complied with the procedural requirements for approval. Additionally, the court needed to determine if the agreement provided for proper dispute resolution mechanisms and adequately protected the rights and interests of employees.

In delivering its decision, the Fair Work Commission examined the agreement in detail, considering the submissions from both the employer and the employees. The court found that the agreement, while generally fair, had several areas that required amendment to ensure full compliance with the Act. These included adjustments to the procedural fairness provisions and clarification of certain terms to ensure they were not misleading or deceptive. The court also noted the importance of maintaining harmonious industrial relations and ensuring that employees' rights were protected. After making the necessary amendments, the court approved the agreement, balancing the interests of both the employer and employees.

The final orders of the court required the Smithfield RSL Club to make the approved changes to the agreement and ensure that all employees were provided with a copy of the amended agreement. The court also directed that the agreement be lodged with the Fair Work Commission and published in accordance with the statutory requirements. This decision ensures that the agreement now meets the necessary legal standards and can be implemented to govern the employment relationship between the Smithfield RSL Club and its employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established