Casino Canberra Limited

[2013] FWCA 1797

[2013] FWCA 1797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Casino Canberra Limited
(AG2013/393)

CASINO CANBERRA CONSOLIDATED COLLECTIVE AGREEMENT 2012 - 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 MARCH 2013

Casino Canberra Consolidated Collective Agreement 2012 - 2015 .

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Casino Canberra Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Casino Canberra Consolidated Collective Agreement 2012 - 2015 (the ‘Agreement’). The Agreement was negotiated over a considerable period of time with United Voice - ACT Branch (the ‘Union’). The Agreement is to cover 181 employees who are engaged at the applicant’s casino in Canberra, Australian Capital Territory in the provision of hospitality and gaming services. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 30 August 2011, and voting for the Agreement’s approval took place on 8 February 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 121 of the 124 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 February 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Troni, Human Resources Manager, identified the Hospitality Industry (General) Award 2010 [MA000009], the Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 [AP783479], the Liquor Trades Hotels (Australian Capital Territory) Award 1998 [AP787018] and the Security Employees (A.C.T.) Award 1998 [AP796056] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Tronisaid that the Agreement does contain some terms and conditions that are less beneficial than those under the Modern Award, including the removal of a meal allowance, the removal of a penalty rate where an employee does not receive a timely meal break and less generous penalty rates for work performed on public holidays. However, the Agreement provides for more generous penalty rates on weekends, paid rest and meal breaks for certain classifications of gaming staff and higher penalty rates for work performed after 7:30pm and before 6:30am on Monday to Friday. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.6 and 3.1 respectively, and a disputes resolution procedure at clause 3.3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 22 March 2013, Mr D D’Arcy, Solicitorappeared for the applicant and Ms L Ryan for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr D’Arcy outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the applicant had been engaged in extensive negotiations with its employees and the Union in relation to this Agreement, dating back to August 2011. He submitted that the rates of pay for some of the classifications were close to those under the Award, although the classifications of hospitality employees had higher increases. He also said that the rates of pay are to be adjusted in line with the Commission’s Annual Minimum Wage Review on 1 July each year.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Casino Canberra Consolidated Collective Agreement 2012 - 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 29 March 2013 and have a nominal expiry date of 29 March 2016.

DEPUTY PRESIDENT

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