DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Melbourne Golf Club Ltd
(AG2018/1423)

ROYAL MELBOURNE GOLF CLUB ENTERPRISE AGREEMENT 2018

Licensed and registered clubs
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 AUGUST 2018

Application for approval of the Royal Melbourne Golf Club Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Royal Melbourne Golf Club Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royal Melbourne Golf Club Ltd. 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 August 2018 and, in accordance with s.54, will operate from 3 September 2018. The nominal expiry date of the Agreement is 27 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Melbourne Golf Club Limited sought approval for its Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred around the interpretation and application of various provisions within the agreement, particularly those related to employment terms and conditions. The Fair Work Commission was tasked with determining whether the agreement complied with relevant federal legislation, including the Fair Work Act 2009.

The central legal issues revolved around the interpretation of specific clauses in the Enterprise Agreement 2018, focusing on whether these clauses adhered to the statutory requirements and whether they were procedurally fair. The commission had to examine if the agreement provided for fair and reasonable terms and conditions of employment, and if the necessary consultation and negotiation processes were adequately followed. Furthermore, the court needed to assess whether any provisions of the agreement unfairly disadvantaged employees.

The Fair Work Commission, after a thorough examination of the agreement, found that the Royal Melbourne Golf Club Limited had met the necessary legislative requirements. The commission approved the Enterprise Agreement 2018, concluding that it contained fair and reasonable terms and conditions of employment. The commission noted that the agreement had been the result of proper consultation and negotiation processes, thereby ensuring procedural fairness. The club's compliance with the statutory obligations was affirmed, and the agreement was deemed to be in the best interests of the employees.

The commission's final orders included the approval of the Royal Melbourne Golf Club Enterprise Agreement 2018, effective from the date of the decision. This decision provided clarity and certainty regarding the terms and conditions of employment within the club, ensuring compliance with federal legislation.

The Royal Melbourne Golf Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established