[2019] FWC 2382


Fair Work Act 2009

s.156— 4 yearly review of modern awards

4 yearly review of modern awards—Award stage—Registered and Licensed Clubs Award 2010



Application for an unfair dismissal remedy – jurisdictional objection – applicant resigned – application dismissed.

[1] This Statement deals with the outstanding technical/drafting claims and substantive claims (outstanding claims) to vary the Registered and Licensed Clubs Award 2010 (the Clubs Award) that arose during the award stage of the 4 yearly review of modern awards.

[2] The Clubs Award is in Group 4 of the award stage proceedings. An Exposure Draft for the Clubs Award was published on 22 November 2016. Submissions addressing drafting and technical matters in the exposure draft were received from the following parties:

  Club Managers Association Australia;

  Business SA;

  Australian Business Industrial and the NSW Business Chamber;

  United Voice; and

  The Australian Workers' Union.

[3] An application by Clubs Australia – Industrial, to revoke the Clubs Award was recently considered as part of the Penalty Rates case (see AM2017/39). Having regard to those proceedings, the Group 4 Full Bench decided to defer consideration of the outstanding claims in the Clubs Award until after the claims in the Penalty Rates case had been determined. 1 The Full Bench in the penalty rates matter issued a decision dismissing the claim to revoke the Clubs Award on 21 March 2019.2 Accordingly, the Group 4 Full Bench will now turn to consider the outstanding claims in the Clubs Award.

[4] The outstanding items are listed in the summary of technical and drafting submissions and the summary of proposed substantive variations published on the Commission’s website on 8 March 2017. At the Mention listed for Wednesday 10 April 2019 at 9.30am interested parties will be asked to indicate which of the technical/drafting and substantive claims in they intend to press.


Printed by authority of the Commonwealth Government Printer


 1  [2018] FWCFB 1548 at [655].

 2   [2019] FWCFB 349.