Western Suburbs Leagues Club Illawarra Ltd

[2018] FWCA 3790

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Western Suburbs Leagues Club Illawarra Ltd

(AG2018/815)

Wests Illawarra Leagues Enterprise Agreement

Licensed and registered clubs
Commissioner Lee	MELBOURNE, 26 JUNE 2018

Application for approval of the Wests Illawarra Leagues Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Wests Illawarra Leagues Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Suburbs Leagues Club Illawarra Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Western Suburbs Leagues Club Illawarra Ltd (WSLCL) sought approval for the Wests Illawarra Leagues Enterprise Agreement, which was the subject of an application in the Fair Work Commission. The application was contested by the Independent Contractors (ICs) who worked for WSLCL. The core dispute revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the coverage of the agreement and the classification of the ICs. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and should be approved.

The central legal issues before the Commission included whether the agreement appropriately covered all employees and independent contractors of WSLCL as intended, and if the classification of the ICs as employees under the agreement was justified. Additionally, the Commission needed to assess if the agreement provided fair and reasonable terms and conditions for all parties involved. The determination of these issues required a careful analysis of the definitions and scope of the agreement, as well as the application of relevant labour laws.

The Commission found that the proposed agreement did indeed cover all intended employees and independent contractors of WSLCL, and that the classification of the ICs as employees was appropriate. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions, taking into account the specific nature of the work performed by the ICs. Based on this assessment, the Commission approved the Wests Illawarra Leagues Enterprise Agreement, finding that it was in the public interest.

The Commission ordered the approval of the Wests Illawarra Leagues Enterprise Agreement, effective from the date of the decision. The agreement would now apply to all employees and independent contractors of WSLCL, providing a framework for their employment and working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established