DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Sydney Golf Club Limited T/A The Royal Sydney Golf Club
(AG2018/5719)

THE ROYAL SYDNEY GOLF CLUB ENTERPRISE AGREEMENT 2018

Hospitality industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 AUGUST 2019

Application for approval of The Royal Sydney Golf Club Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Royal Sydney 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 Sydney Golf Club Limited T/A The Royal Sydney Golf Club. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 15 August 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Sydney Golf Club Limited, trading as The Royal Sydney Golf Club, brought an application before the Fair Work Commission seeking approval of an enterprise agreement. The agreement, titled The Royal Sydney Golf Club Enterprise Agreement 2018, was intended to govern the terms and conditions of employment for certain employees of the club. The application was contested by the Australian Services Union NSW Branch, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues revolved around whether the enterprise agreement was genuinely negotiated and whether it contained the necessary provisions to be approved by the Commission.

The Fair Work Commission, led by Deputy President Laughton, considered the arguments presented by both parties. The key issue was whether the agreement had been genuinely bargained for, as required by section 228 of the Fair Work Act 2009. The club argued that the agreement was the result of genuine negotiations, while the union contended that the process did not meet the statutory requirements. The Commission examined the evidence provided, including the bargaining history and the process followed in reaching the agreement. It was crucial to determine if the union had genuinely participated in the negotiations and if the agreement reflected the outcomes of those negotiations.

After a thorough examination of the evidence, Deputy President Laughton concluded that the enterprise agreement had indeed been genuinely negotiated. The Commission found that the union had actively participated in the bargaining process and that the agreement reflected the outcomes of those negotiations. Consequently, the application for approval was successful. The Fair Work Commission certified the enterprise agreement, finding it met all the necessary legal requirements. The final orders included the certification of the enterprise agreement, effective from the date of the decision.

The Royal Sydney Golf Club Limited T/A The Royal Sydney Golf Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established