West Lakes Golf Club Incorporated T/A West Lakes Golf Club
[2024] FWCA 536
•7 FEBRUARY 2024
| [2024] FWCA 536 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
West Lakes Golf Club Incorporated T/A West Lakes Golf Club
(AG2024/76)
WEST LAKES GOLF CLUB ENTERPRISE AGREEMENT 2023
| Sporting organisations | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 7 FEBRUARY 2024 |
Application for approval of the West Lakes Golf Club Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the West Lakes Golf Club Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Lakes Golf Club Incorporated T/A West Lakes Golf Club (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.
Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 November 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523475 PR771068>
Annexure A
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