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CMAA DEFENDS ITS MEMBERS CLUB AWARDS FROM BEING REVOKED

Today the 21st of March 2019 the Full Bench of the Fair Work Commission handed down a 62 page decision on an application by Clubs Australia – Industrial that the Registered and Licensed Clubs Award 2010 (Clubs Award), be revoked and for the Hospitality Industry (General) Award 2010 (Hospitality Award) to be varied to expand its coverage to encompass that of the Clubs Award and to accommodate some particular features of the Clubs award. The full benched stated that “In short, CAI has not established a merit case sufficient to warrant the granting of the claim”.

Whilst noting that there were several parties opposing this application it is pleasing that the full bench gave consideration to the CMAA submissions:

Club Managers’ Association Australia

[34] “The CMAA generally adopted the submission of United Voice, and further submitted that the differences between the clubs industry and the wider hospitality sector identified in CAI’s submissions to the award modernisation Full Bench which led to the establishment of the separate Clubs Award had not materially changed, and accordingly there was no proper [2019] FWCFB 349 20 basis for the revocation of the Clubs Award. The Clubs Award was not obsolete and had operated effectively since it took effect. The CMAA also submitted that the Clubs Award contained a career path for club managers that was aligned with the attainment of specified nationally recognised qualifications, was integrated with an entitlement to professional development leave, and had been developed over a long period of time, and that ‘cherry picking Managers’ conditions in the Clubs Award and randomly plonking them in the Hospitality Award’ defeated the objective of a holistic career progression for all levels of clubs employees”.

Conclusion              

[132] “We do not consider that the grant of CAI’s application to vary the Hospitality Award so that it covered the clubs industry would achieve the modern awards objective, and accordingly the Hospitality Award will not be varied in this respect. Consequently there is no basis for the statutory preconditions in s 164 of the FW Act for the revocation of the Clubs Award to be satisfied: the Clubs Award is not obsolete or incapable of operation, and the employees covered by it would not be covered by any other modern award were it to be revoked. [133] CAI’s application is dismissed”.

The Association will further advise members on the next stages of the renewal of our Clubs Award.

For further details of this decision please contact the Association’s Industrial Officers: Peter Cooper and Peta Imber on (02) 9746 4199.

21 March 2019

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