West Lakes Golf Club Incorporated T/A West Lakes Golf Club

[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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the West Lakes Golf Club Incorporated, trading as the West Lakes Golf Club, which sought approval of the West Lakes Golf Club Enterprise Agreement 2023. The application was brought pursuant to the Fair Work Act 2009, seeking the Commission’s endorsement of the proposed agreement which outlined terms and conditions of employment for the club’s staff. The dispute centred on whether the agreement met the statutory requirements for fair and equitable terms, and whether it complied with the relevant legislative framework governing enterprise agreements.

The primary legal issues for the Commission to decide were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it met the procedural requirements for bargaining and approval, and whether the agreement included all the necessary prescribed pay and conditions. The Commission also had to consider submissions from both the applicant and the employees, as well as the broader context of industry standards and economic factors.

The Fair Work Commission found that the West Lakes Golf Club Enterprise Agreement 2023 was fair and reasonable, meeting all statutory requirements for approval. The Commission considered the evidence presented regarding the bargaining process, the fairness of the terms, and the overall compliance with the legislative framework. The Commission noted that the agreement provided for appropriate protections and benefits for the employees, and it adhered to the principles of procedural fairness. The Commission also took into account the economic context and industry standards, concluding that the agreement was consistent with the broader labour market.

Accordingly, the Fair Work Commission approved the West Lakes Golf Club Enterprise Agreement 2023, endorsing it as a fair and reasonable agreement. The Commission’s decision was based on a comprehensive assessment of the evidence and a determination that the agreement met all legal and procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established