DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Hotels Pty Ltd t/a Wrest Point Hotel Casino
(AG2018/7408)

WREST POINT HOTEL CASINO ENTERPRISE AGREEMENT 2017

Hospitality industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2019

Application for approval of the Wrest Point Hotel Casino Enterprise Agreement 2017

[1] Australian National Hotels Pty Ltd t/a Wrest Point Hotel Casino has made an application for approval of an enterprise agreement known as the Wrest Point Hotel Casino Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] United Voice, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 July 2019 and, in accordance with s 54, will operate from 18 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian National Hotels Pty Ltd trading as Wrest Point Hotel Casino, sought approval for the Wrest Point Hotel Casino Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The primary concern was the extent to which the proposed agreement complied with the provisions of the Fair Work Act 2009. The legal issues before the court were whether the agreement met the statutory requirements for enterprise agreements and if it was fairly negotiated.

The court considered whether the agreement contained the mandatory terms outlined in section 235 of the Act and if it adhered to the procedural fairness requirements for negotiating and finalising the agreement. The applicant argued that the agreement was fairly negotiated and contained all mandatory terms. The court scrutinised the negotiation process and the contents of the agreement to determine if it met the statutory criteria for approval. The applicant presented evidence of the negotiation process and the contents of the agreement, while the opposing party raised concerns about the fairness and compliance of the agreement.

The court found that the agreement was fairly negotiated and contained all mandatory terms, thus meeting the statutory requirements. The applicant's evidence demonstrated a proper negotiation process, and the contents of the agreement complied with the provisions of the Fair Work Act. Consequently, the court approved the Wrest Point Hotel Casino Enterprise Agreement 2017. The applicant's application was successful, and the agreement was approved for implementation.

Australian National Hotels Pty Ltd t/a Wrest Point Hotel Casino

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established