Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino
[2023] FWCA 2110
•10 JULY 2023
| [2023] FWCA 2110 |
| 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
(AG2023/1951)
WREST POINT HOTEL CASINO MAINTENANCE ENTERPRISE AGREEMENT 2023
| Hospitality industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 10 JULY 2023 |
Application for approval of the Wrest Point Hotel Casino Maintenance EnterpriseAgreement 2023
An application has been made for approval of an enterprise agreement known as the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2023 (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 (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (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 views of the persons known by the Commission to be a bargaining representative for the Agreement were sought in accordance with s.190(4) of the Act.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that clause 5 of the Agreement provides that the National Employment Standards (NES) will continue to apply to the extent that any term of this Agreement is detrimental in any respect when compared with the NES.
The Construction, Forestry, Mining and Energy Division Union Construction and General Division (CFMMEU) and the Communications, Electrical and Plumbing Union Tas Branch (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU and the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520702 PR764082>
Annexure A
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