Casino Canberra Limited t/as Casino Canberra

[2016] FWCA 7761

[2016] FWCA 7761

FAIR WORK COMMISSION

DECISION

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

Casino Canberra Limited t/as Casino Canberra
(AG2016/4207)

CASINO CANBERRA ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
DEPUTY PRESIDENT SAMS	SYDNEY, 27 OCTOBER 2016

Application for approval of the Casino Canberra Enterprise Agreement 2016 - 2019.

[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 Enterprise Agreement 2016 — 2019 (the ‘Agreement’). The Agreement was negotiated with United Voice - ACT Branch (the ‘Union’). The Agreement is to cover 199 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 3 December 2015, and voting for the Agreement’s approval took place between 25-28 July 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 62 of the 77 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 10 August 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Wilson, the applicant’s solicitor, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Wilsonsaid that the Agreement does contain some terms and conditions that are less beneficial than those under the reference instrument including, potentially less predictable working hours for part-time employees, no maximum working hours per day and a requirement that full-time employees provide one month’s notice of an intention to take annual leave. However, the Agreement provides for more generous loadings for employees between 7.30pm and 6.30am, higher penalty rates for employees on weekends, and higher rates of pay compared with the reference instrument. 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 21 September 2016, Mr J Wilson, Solicitorappeared for the applicant and Ms L Ryan for the Union. Mr Wilson 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 submitted that while the rates of pay for some of the classifications were close to those under the Award, he would provide my Chambers with indicative rosters and comparative earnings for employees covered by the Agreement and the Award, which would show that employees were better off overall under the Agreement (these were provided to my Chambers on 25 October 2016). 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. 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. Ms Ryan supported the approval of the Agreement, but noted some issues which were satisfactorily addressed during the hearing.

[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 Enterprise Agreement 2016 - 2019. Pursuant to s 54 of the Act, the Agreement shall operate from 2 November 2016 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE421917  PR586916>