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

[2025] FWCA 46

[2025] FWCA 46

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4350)

WREST POINT HOTEL CASINO MAINTENANCE ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER FOX	MELBOURNE, 7 JANUARY 2025

Application for approval of the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Wrest Point Hotel Casino Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian National Hotels Pty Ltd trading as Wrest Point Hotel Casino (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:

• Withholding of NES entitlements: Clause 44.3(B) of the Agreement provides that if an employee fails to give notice, the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. This may restrict an employee’s entitlement to payment of NES entitlements upon termination of employment.

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

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 14 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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Annexure A