DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breakwater Island Limited ATF Breakwater Island Trust T/A The Ville Resort - Casino
(AG2021/5756)

THE VILLE ENTERPRISE AGREEMENT 2021

Hospitality industry
COMMISSIONER HUNT	BRISBANE, 15 JULY 2021

Application for approval of The Ville Enterprise Agreement 2021.

[1] Breakwater Island Limited ATF Breakwater Island Trust T/A The Ville Resort – Casino (the Employer) has applied for approval of an enterprise agreement known as The Ville Enterprise Agreement 2021 (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.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. 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.

[5] The Australian Workers’ Union (AWU), 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) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is three years from the date of approval being 15 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the matter of Breakwater Island Limited ATF Breakwater Island Trust T/A The Ville Resort - Casino, the Fair Work Commission was asked to approve an enterprise agreement. The Ville Resort - Casino employees, represented by a union, had entered into an agreement with the employer concerning wages, conditions of employment, and other matters. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and provided fair terms and conditions for the employees. The Commission had to determine if the agreement was genuinely bargained, if it was procedurally fair, and if it complied with the statutory minimum standards.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, if the process followed was procedurally fair, and if the terms of the agreement complied with the Fair Work Act and provided for the statutory minimum entitlements for employees. The Commission had to assess the evidence provided by both parties and consider if the agreement was in the best interest of the employees.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement had been genuinely negotiated, the process was procedurally fair, and the agreement complied with the Fair Work Act. The Commission also found that the agreement provided for the statutory minimum entitlements and was in the best interest of the employees. The Commission approved the enterprise agreement, and it will now be binding on both parties.

No further orders were made by the Commission. The approved enterprise agreement will now govern the terms and conditions of employment for the employees of The Ville Resort - Casino.

Breakwater Island Limited ATF Breakwater Island Trust T/A The Ville Resort - Casino

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established