Wagga RSL Club Limited; United Voice

[2013] FWCA 348

[2013] FWCA 348

FAIR WORK COMMISSION

DECISION

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

Wagga RSL Club Limited; United Voice
(AG2012/14472)

WAGGA RSL CLUB ENTERPRISE AGREEMENT

Hospitality industry
COMMISSIONER CAMBRIDGE	SYDNEY, 17 JANUARY 2013

Application for approval of the Wagga RSL Club Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wagga RSL Club Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagga RSL Club Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 21 December 2012. The application included a Statutory Declaration of Andrew Bell made on behalf of the Employer and dated 20 December 2012, (the Declaration). The Declaration stated that the Agreement was made on 17 December 2012. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 17 January 2013. I note that the file has included a Statutory Declaration of Tara Moriarty made on behalf of the Liquor and Hospitality Division, United Voice, NSW Branch (the Union), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 14 and a consultation term at clause 40.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the Union.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 24 January 2013. The nominal expiry date of the Agreement as specified in clause 3.1 of the Agreement, is 24 January 2016.

COMMISSIONER

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