Twin Towns Services Club t/a Twin Towns Services Club

[2017] FWCA 1459

[2017] FWCA 1459

FAIR WORK COMMISSION

DECISION

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

Twin Towns Services Club t/a Twin Towns Services Club
(AG2017/312)

TWIN TOWNS SERVICES CLUB LIMITED ENTERPRISE AGREEMENT 2016

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 17 MARCH 2017

Application for approval of the Twin Towns Services Club Limited Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Twin Towns Services Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Twin Towns Services Club Limited Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with United Voice - Liquor and Hospitality Division (the ‘Union’) as well as seven nominated employee bargaining representatives (EBRs) and is to cover 245 employees who are employed by the Twin Towns Services Club. The Agreement excludes managers employed by the applicant, who are covered by a separate agreement. 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 14 August 2016, and voting for the Agreement’s approval took place from 19-31 January 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 55 of the 59 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 7 February 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Smith, General Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Smithsaid the Agreement provides for a number of more beneficial terms than the reference instrument, including more flexible hours of work provisions for part-time employees, enhanced annual leave entitlements, the ability to cash out annual leave, overtime for casual employees, blood donors leave as well as family and domestic violence leave. Mr Smith also said that the Agreement provides for some terms which are less beneficial than the reference instrument, including that meal breaks are not required to be taken during the first six hours of a shift if there is an emergency (as opposed to five hours) and no automatic conversion from casual to permanent employment. Rates of pay are to be increased by 2.5% on approval of the Agreement (backdated to 1 July 2016) and further increased by 2.5% on 1 July 2017, 2018 and 2019. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9 and 10 respectively, and a disputes resolution procedure at clause 11 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 March 2017, Mr G Arnold of Effective Workplace Solutionsappeared for the applicant with Mr T Philip, Group Operations Manager, Ms K Collins, Executive Manager Finance as well as four EBRs, Ms D Thomas, Ms R Walker, Mr S Turley and Mr W Williams and Mr C Acev appeared for the Union. Mr Arnold 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. Mr Arnold said that the rates of pay for the majority of employees (at Levels 2 and 3) are 2.5-3.7% higher than the Award. Mr Arnold also advised that the Club does not and has not engaged Apprentice Waiters. He also gave details of the workings of the Consultative Forum (cl 10.1). Each of the EBRs, whose length of service with the applicant ranged from 26 to 38 years all said they were happy with the Agreement. 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.

[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 Twin Towns Services Club Limited Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 17 March 2017 and have a nominal expiry date 1 July 2020.

DEPUTY PRESIDENT

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