Toronto District Workers’ Club Limited

[2014] FWCA 9012

[2014] FWCA 9012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Toronto District Workers’ Club Limited
(AG2014/8381)

TORONTO WORKERS' GREEN-KEEPER ENTERPRISE AGREEMENT

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 18 DECEMBER 2014

Application for approval of the Toronto Workers' Green-keeper Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Toronto District Workers’ Club Limited t/as Toronto Workers Club (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Toronto Workers’ Green-keeper Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and 5 non-Union Employee Bargaining Representatives. The Agreement is to cover 5 maintenance and horticultural employees who are employed at the applicant’s Club in Toronto, New South Wales. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 23 October 2013, and voting for the Agreement’s approval took place on 17 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 5 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Singleton, Chief Executive Officer, identified the Registered and Licensed Clubs Award 2010 [MA000054], the Bowling and Golf Clubs Employees (State) Award [AN120079] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Singletonsaid that the Agreement does provide for less generous arrangements in relation to time off in lieu. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including more generous penalty rats for work performed before noon on Saturdays and overtime on weekends and higher laundry, vehicle and first aid allowances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 52 respectively, and a disputes resolution procedure at clause 48 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 December 2014, Ms K Gower appeared with Ms J Merrett for the applicant and Mr A Gounis appeared with Mr J Boyd for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Gower outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that the employees had received a one off ‘sign on’ bonus of $1,000 upon the approval of the Agreement and that rates of pay are to be increased by 2.5% or adjusted in accordance with the Commission’s Minimum Wage Review decisions, whichever is the higher on 1 July each year during the nominal term of the Agreement. Mr Gounis supported the submissions of Ms Gower.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Toronto Workers’ Green-keeper Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 17 December 2014 and have a nominal expiry date of 17 December 2017.

DEPUTY PRESIDENT

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