Wyong Rugby League Club Limited

[2023] FWCA 1993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wyong Rugby League Club Limited

(AG2023/1718)

WYONG LEAGUES GROUP EMPLOYEE AGREEMENT

Licensed and registered clubs
COMMISSIONER MIRABELLA	MELBOURNE, 3 JULY 2023

Application for approval of the Wyong Leagues Group Employee Agreement.

Wyong Rugby League Club Limited (the Employer) has made an application for approval of an enterprise agreement known as the Wyong Leagues Group Employee Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 6(2) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 3 July 2023 and, in accordance with s.54, will operate from 10 July 2023. The nominal expiry date of the Agreement is 10 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wyong Rugby League Club Limited, an entity operating within the sporting sector, sought approval for a proposed employee agreement from the Fair Work Commission (FWC). The applicant aimed to implement a new agreement that would govern the employment terms and conditions for its staff, specifically focusing on wages, hours of work, and other employment-related matters. The FWC was tasked with reviewing the proposed agreement and determining whether it met the necessary standards under the Fair Work Act 2009.

The central legal issues the FWC had to address involved whether the proposed agreement was a "contemporary award" and if it covered the "relevant employees." Furthermore, the FWC had to ascertain whether the agreement was "appropriately made" and met the criteria set out in section 232 of the Act. These criteria include considerations such as whether the agreement provided for a fair and reasonable level of remuneration, benefits, and conditions of employment. The FWC also had to consider whether the agreement had been negotiated in good faith and whether it provided for a fair and reasonable level of flexibility in the workforce.

In reaching its decision, the FWC examined the proposed agreement in detail. It considered the nature of the agreement, its terms and conditions, and the process through which it was negotiated. The FWC found that the proposed agreement was a contemporary award and covered the relevant employees. It also determined that the agreement was appropriately made, as it provided for fair and reasonable remuneration, benefits, and conditions of employment. Additionally, the FWC found that the agreement had been negotiated in good faith and met the criteria set out in section 232 of the Act. Based on these findings, the FWC approved the proposed employee agreement.

As a result of the FWC's decision, Wyong Rugby League Club Limited was granted approval for the proposed employee agreement. The agreement now governs the employment terms and conditions for the relevant employees, providing a framework for their remuneration, benefits, and conditions of employment. This decision serves as a precedent for other sporting entities seeking to implement similar agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established