PR598196 - Decision - 30 Nov 2017

[2017] FWCA 6327
FAIR WORK COMMISSION

REASONS FOR DECISION


Fair Work Act 2009

s 185 - Application for approval of a single-enterprise agreement

Mount Pritchard &District Community Club Limited t/a Mt Pritchard Community Club or Mounties
(AG2017/3691)

MT PRITCHARD SITE ENTERPRISE AGREEMENT 2017

Licensed and registered clubs

DEPUTY PRESIDENT SAMS

SYDNEY,30 NOVEMBER 2017

Application for approval of the Mt Pritchard Site Enterprise Agreement 2017.

[1] This is an application,pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’),filed by the Mount Pritchard &District Community Club Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mt Pritchard Site Enterprise Agreement 2017 (the ‘Agreement’). The Agreement was negotiated with the Liquor &Hospitality Division,United Voice (the ‘Union’) and seven Nominated Employee Bargaining Representatives. The Agreement covers 313 employees who perform work in connection with the operational,trades,administrative and professional roles,as well as apprentices or those employed under an indentured traineeship at the employer’s premises at 101 Meadows Road,Mount Pritchard,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 25 May 2017,and voting for the Agreement’s approval took place between 5 and 8 August 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot,139 of the 169 employees who cast a valid vote,agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 August 2017,thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms A Martin,Group Employment Relations Manager identified the Registered and Licensed Clubs Award 2010 [MA000058] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Martin said the Agreement provides for a number of more beneficial terms,including higher rates of pay (of between 10 to 70 per cent),paid training and staff meetings,overtime for casual employees,a 15 minutes ‘healthy start breakfast break’,higher allowances,the ability to cash out personal/carer’s leave,enhanced redundancy entitlements and a number of others. Ms Martin also said the Agreement provides for some terms which are less beneficial than the reference instrument,including a potentially less beneficial higher duties allowance,no early/late work penalty rates and no split shift allowance. On balance,I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 51 respectively,and a disputes resolution procedure at clause 15 provides for mediation to be conducted by an independent mediator as well as conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 21 November 2017,Ms A Koelmeyer,Solicitor appeared for the applicant with Ms A Martin and Ms N Mesic and Mr D Holder appeared for the Union. Ms Koelmeyer 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. Ms Koelmeyer referred to an earlier letter (of 13 September 2017) she had sent to the Commission and reiterated that the rates of pay outlined in the Agreement at Tables A and B of Schedule 2 are inclusive of the first pay increase of 3.3 percent,as set out in sub clause 44.1.1. To avoid the risk of any confusion,attached to the Agreement marked ‘Annexure A’is a copy of the rates of pay that applied prior to the operation of the Agreement commencing (i.e. the rates which do not include the 3.3 percent increase). 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 Mt Pritchard Site Enterprise Agreement 2017. Pursuant to s 54 of the Act,the Agreement shall operate from 29 November 2017 and have a nominal expiry date of 29 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE426284  PR598196>

About this document
(1)
Code:
PR598196
Title:
PR598196 - Decision - 30 Nov 2017
Effective:
30 Nov 2017
Updated:
15 Dec 2017
Related Information
1.0.11.0 SD