West Lakes Golf Club Incorporated

[2014] FWCA 1468

[2014] FWCA 1468

FAIR WORK COMMISSION

DECISION

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

West Lakes Golf Club Incorporated
(AG2014/294)

WEST LAKES GOLF CLUB ENTERPRISE AGREEMENT 2013

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 3 MARCH 2014

West Lakes Golf Club Enterprise Agreement 2013.

[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 2013 (the ‘Agreement’). The Agreement was negotiated with Australian Workers’ Union (the ‘Union’) and is to cover 7 employees who are employed as Greenkeeping staff and a mechanic at the applicant’s Club in West Lakes in South Australia. 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 22 August 2013, and voting for the Agreement’s approval took place on 6 February 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by a Union official by way of a show of hands, 4 of the 6 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 February 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Curtis, General Manager, identified the Registered and Licensed Clubs Award 2010 [MA000058] and the Greenkeepers Award [AN150060] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Curtissaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay, more generous overtime entitlements and enhanced redundancy entitlements. Rates of pay were increased on 15 November 2013. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 3.3 and 3.1 respectively, and a disputes resolution procedure at clause 3.2 provides for conciliation, mediation and arbitration by the Commission.

[4] At a hearing of the application on Mr P Curtis appeared for the applicant and Mr J Hanson and Mr G Henderson for the Union. 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. Mr P 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 explained that there was a history of collective and enterprise agreements with this group of employees and that the Agreement was only for a short period as the employer intended to negotiate a new enterprise agreement for a longer period after the expiry of this Agreement. Mr Hanson and Mr Henderson supported the submissions of Mr Curtis and submitted that the Agreement met the BOOT.

[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 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 6 March 2014 and have a nominal expiry date of 15 November 2014.

DEPUTY PRESIDENT

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