West Lakes Golf Club Incorporated

[2015] FWCA 1368

[2015] FWCA 1368

FAIR WORK COMMISSION

DECISION

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

West Lakes Golf Club Incorporated
(AG2015/1887)

WEST LAKES GOLF CLUB ENTERPRISE AGREEMENT 2014

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 27 FEBRUARY 2015

Application for approval of the West Lakes Golf Club Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by West Lakes Golf Club Incorporated (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the West Lakes Golf Club Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and is to cover 8 employees who are engaged in Green-keeping and mechanical maintenance at the Club. 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 7 August 2014 and voting for the Agreement’s approval took place on 6 February 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote by a ‘show of hands’, 6 of the employees unanimously agreed to approve the Agreement. The application for approval of the Agreement was lodged on 13 February 2015 thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Paul Curtis, General Manager, identified the Registered and Licensed Clubs Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Curtissaid that the Agreement provides hourly rates of pay and overtime rates and conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for wage increases of 3.1% from 15 November 2014, with further increases based on the CPI plus 0.5% on the 15 November 2015 and 15 November 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 3.3 and 2.4 respectively, and a disputes resolution procedure at clause 3.2 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 27 February 2015,Mr Curtis appeared for the applicantand Mr Henderson for the Union. Mr Curtis 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. He said that the wage rates were about 20% higher than the Award. 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 West Lakes Golf Club Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 6 March 2015, and have a nominal expiry date of 15 November 2017.

DEPUTY PRESIDENT

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