| [2024] FWCA 3956 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino
(AG2024/3749)
WREST POINT HOTEL CASINO ENTERPRISE AGREEMENT 2024
| Hospitality industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 18 NOVEMBER 2024 |
Application for approval of the Wrest Point Hotel Casino Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Wrest Point Hotel Casino Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino. 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526738 PR781182>
Annexure A
- AGLC
- Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino [2024] FWCA 3956
- Case
- [2024] FWCA 3956
- Decision Date
CaseChat Overview and Summary
The Commission assessed the negotiation process and found that the agreement was the result of genuine bargaining between the employer and the employees' representatives. It examined the fairness of the terms, including wages, conditions of employment, and dispute resolution mechanisms. The Commission determined that the agreement provided for the fair and equitable treatment of employees, as it included mandated terms and conditions, and did not disadvantage employees in comparison to the applicable award or safety net. The Commission was satisfied that the agreement met the requirements for registration under the Fair Work Act and approved the Wrest Point Hotel Casino Enterprise Agreement 2024.
The approval of the enterprise agreement means that the terms and conditions set out in the agreement will apply to the employees of Wrest Point Hotel Casino from the effective date. The agreement will replace any previous enterprise agreement or applicable award as the primary source of the employees' terms and conditions of employment. The final orders of the Commission include the approval of the Wrest Point Hotel Casino Enterprise Agreement 2024, which will be registered with the Fair Work Commission and have legal effect from the specified date. The parties are now bound by the terms of the approved agreement, and any disputes arising from its interpretation or application will be subject to the dispute resolution procedures outlined within the agreement.
Orders
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