DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National Hotels Pty Ltd T/A Wrest Point Hotel Casino
(AG2015/26)

WREST POINT HOTEL CASINO MAINTENANCE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian National Hotels Pty Ltd, trading as Wrest Point Hotel Casino, sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the terms and conditions of employment for certain employees within the casino, specifically those in managerial roles. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single interest" enterprise agreement and if it met the criteria for approval as stipulated in the Act. The Commission had to consider whether the agreement genuinely represented a single interest of the employer and the employees, and if it had been negotiated in good faith. Additionally, the Commission needed to ensure that the agreement did not undermine the provisions of the National Employment Standards.

The Commission found that the agreement was indeed a single interest enterprise agreement and had been negotiated in good faith. The terms of the agreement were deemed to be fair and reasonable, and did not undermine the National Employment Standards. The applicant satisfied the Commission that the agreement was beneficial to both parties and provided for appropriate mechanisms for dispute resolution. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2014 was approved and is now legally binding on the parties involved. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other workplace-related matters.

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