Breakwater Island Limited As Trustee For Breakwater Island Trust T/A The Ville Resort - Casino, Ardo Hotel And Townsville Entertainment And Convention Centre
[2025] FWCA 827
•6 MARCH 2025
| [2025] FWCA 827 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Breakwater Island Limited As Trustee For Breakwater Island Trust T/A The Ville Resort - Casino, Ardo Hotel And Townsville Entertainment And Convention Centre
(AG2025/205)
THE VILLE PRECINCT ENTERPRISE AGREEMENT 2025
| Hospitality industry | |
| COMMISSIONER HUNT | BRISBANE, 6 MARCH 2025 |
Application for approval of The Ville Precinct Enterprise Agreement 2025
Breakwater Island Limited As Trustee For Breakwater Island Trust T/A The Ville Resort - Casino, Ardo Hotel And Townsville Entertainment And Convention Centre (the Employer) has applied for approval of an enterprise agreement known as The Ville Precinct Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 July 2023 and the Agreement was made on 17 January 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
The Agreement does not provide rates of pay, but states at clause 4.1 that wage rates at all times will remain 3% above the Hospitality Industry (General) Award 2020 (the Award), except for Level 7 Casino employees who receive a 3% increase on commencement of the Agreement and in subsequent years will continue to increase by the same percentage as any increase of wage rates to the Award.
In VIP Plastic Packaging Altona North Enterprise Agreement 2023,[1] the Full Bench of the Commission observed that, absent inclusion of rates of pay in an Agreement, the Commission could not be satisfied that employees who would be covered by the Agreement would be better off overall as required under s.186(2)(d) of the Act. Accordingly, I requested that the Employer provide the rates of pay. These were provided on 14 February 2024 and have been inserted into the Agreement. The rates of pay take effect upon commencement of the Agreement and operate subject to clause 4.1 of the Agreement.
I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
13 March 2025. The nominal expiry date of the Agreement is 6 March 2029.
COMMISSIONER
[1] [2023] FWCFB 161, [9].
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