Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino Summary

[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

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australian National Hotels Pty Ltd, trading as Wrest Point Hotel Casino, and the Maritime Officers' Union of Australia. The company sought approval for the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2023. The dispute centred on the terms and conditions of employment for certain staff within the maintenance department of the hotel casino, particularly those who were classified as maritime officers. The Maritime Officers' Union of Australia represented the interests of these employees in the negotiation and subsequent approval process of the enterprise agreement.

The legal issues that the Commission had to address included whether the proposed enterprise agreement provided fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely negotiated between the parties. The Commission also had to consider whether the agreement met the requirements of the Fair Work Act 2009, including the provision of procedural fairness and the protection of employees' rights. Furthermore, the Commission was required to determine whether the agreement complied with the terms of the existing enterprise agreement and whether it met the threshold for being considered a "single interest" enterprise agreement.

The Commission determined that the proposed enterprise agreement did not provide fair and reasonable terms and conditions of employment for the maritime officers. The agreement did not adequately address the specific needs and entitlements of the maritime officers, and it failed to provide for procedural fairness in the negotiation process. The Commission found that the agreement did not meet the requirements of the Fair Work Act and did not provide for the protection of employees' rights. Consequently, the Commission did not grant approval for the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2023. The Commission directed that the existing enterprise agreement would continue to apply until a new agreement that met the legislative requirements was negotiated and approved.

Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established