Western Suburbs (N’cle) Leagues Club Ltd

[2015] FWCA 720

[2015] FWCA 720

FAIR WORK COMMISSION

DECISION

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

Western Suburbs (N’cle) Leagues Club Ltd
(AG2014/11091)

THE WESTS GROUP AUSTRALIA GENERAL EMPLOYEES ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JANUARY 2015

Application for approval of The Wests Group Australia General Employees Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Western Suburbs (N’cle) Leagues Club Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Wests Group Australia General Employees Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 629 employees, apart from Club Managers and employees engaged in the Club’s gym, who are employed at the applicant’s Club in New Lambton, New South Wales. 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 July 2014, and voting for the Agreement’s approval took place between 16 and 23 December 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 172 of the 186 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Ms M Finefeuiaki identified the Registered and Licensed Clubs Award 2010 [MA000058], the Bowling and Golf Clubs Employees (State) Award [AN120079]and the Club Employees (State) Award [AN120136] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Finefeuiakisaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a reduction in entitlement to late and early work penalties and shorter minimum engagements for part time employees working on their rostered day off. However, the Agreement provides a range terms and conditions that are in excess of, or are more beneficial than those under the reference instruments, including higher rates of pay, employee meal discounts, enhanced redundancy entitlements, discounted gym membership and a 50% reimbursement for the cost of items purchased to assist employees quit smoking. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 38 respectively, and a disputes resolution procedure at clause 39 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 28 January 2015, Mr P Willink appeared with Ms M Finefeuiaki for the applicant and Mr C Acev for the Union. Mr Willink 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 base rates of pay are between 3% and 10% higher than those under the reference instruments and that rates of pay are to be increased on 1 July each year during the nominal term of the Agreement by 2% or in accordance with the Commission’s Minimum Wage Review decisions, whichever is the higher. Mr Acev supported the submissions of Mr Willink and confirmed the Union’s support for approval of the Agreement. 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 Wests Group Australia General Employees Enterprise Agreement 2015.Pursuant to s 54 of the Act and in accordance with the request of the applicant, the Agreement shall operate from 11 February 2015 and have a nominal expiry date of 10 February 2019.

DEPUTY PRESIDENT

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