Wagga RSL Club Ltd

[2014] FWCA 8914

[2014] FWCA 8914

FAIR WORK COMMISSION

DECISION

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

Wagga RSL Club Ltd
(AG2014/10114)

WAGGA RSL CLUB MANAGERS ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 9 DECEMBER 2014

Application for approval of the Wagga RSL Club Managers Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Wagga RSL 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 Wagga RSL Club Managers Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 6 Club Managers employed at the applicant’s Club in Wagga Wagga, 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 2 April 2014, and voting for the Agreement’s approval took place on 9 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 6 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 November 2014. While I note that this is outside of the statutory time limit contemplated in s 185(3)(a) of the Act, I consider it fair in all the circumstances to extend the date for lodgement to 28 November 2014 (s 185(3)(b)).

[3] In the Employer’s Declaration in support of the application (Form F17). Mr A Bell, General Manager identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Club Managers’ (State) Award 2006 [AN120138] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Bellsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including 160 ordinary hours of work in a four week period rather than 152 and a reduced entitlement in relation to higher duties allowance. However, the Agreement provides for a number of terms and conditions that are more beneficial than or in excess of those under the reference instruments, including higher rates of pay, enhanced exemption rates and four weeks’ notice of termination. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 13 and 40 respectively, and a disputes resolution procedure at clause 37 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 9 December 2014, Mr C Langton of the Registered Clubs Association of New South Walesappeared with Mr A Bell for the applicant. Mr Langton 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 Langton explained that rates of pay are to be increased by 3% on 1 December 2014 and then either by 3% or in accordance with the Commission’s Minimum Wage Review Decision, whichever is the greater on 1 July 2015, 1 July 2016 and 1 July 2017.

[5] Having heard the applicant’s 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 Wagga RSL Club Managers Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 16 December 2014 and have a nominal expiry date of 16 December 2017.

DEPUTY PRESIDENT

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