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

[2019] FWCA 5222

[2019] FWCA 5222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino
(AG2019/2251)

WREST POINT HOTEL CASINO MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 JULY 2019

Application for approval of the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2018 (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.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.5 – Parental Leave.

However, noting clause 1.4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A