DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagga RSL Club Limited
(AG2021/5780)

WAGGA RSL CLUB MANAGERS ENTERPRISE AGREEMENT 2021

Licensed and registered clubs
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 JULY 2021

Application for approval of the Wagga RSL Club Managers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wagga RSL Club Managers Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 13 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wagga RSL Club Limited, sought approval of the Wagga RSL Club Managers Enterprise Agreement 2021 from the Fair Work Commission. The club and the union representing the managers were unable to reach an agreement on the terms of the enterprise agreement, prompting the application. The union contested the application on various grounds, including concerns about the fairness and reasonableness of the proposed terms. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for approval.

The central legal issues revolved around the fairness and reasonableness of the proposed enterprise agreement under the Fair Work Act 2009. The court had to consider whether the agreement provided adequate protections for employees, including terms related to pay, conditions, and dispute resolution. The union argued that several provisions were not fair and reasonable, particularly in terms of pay and the ability to resolve disputes. The applicant, on the other hand, contended that the agreement was fair and reasonable and met all legal requirements.

The Fair Work Commission carefully examined each contested term of the agreement. The court found that while most terms were reasonable, certain provisions regarding pay and dispute resolution mechanisms did not meet the legal standards for fairness and reasonableness. The union's concerns were largely validated, leading the court to reject those specific provisions. After modifications were made to address the court's concerns, the Fair Work Commission approved the amended agreement, finding it to be fair and reasonable overall. The union's objections were sufficiently addressed, and the agreement was deemed compliant with the relevant legislation.

Wagga RSL Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established