Casino Canberra Limited Summary

[2024] FWCA 4609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Casino Canberra Limited

(AG2024/4581)

CASINO CANBERRA ENTERPRISE AGREEMENT 2024 – 2027

Hospitality industry
DEPUTY PRESIDENT DEAN	CANBERRA, 20 DECEMBER 2024

Application for approval of the Casino Canberra Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the Casino Canberra Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casino Canberra Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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.

Clause 2.19 of the Agreement makes provision for deductions which, in my view, may not be permitted deductions within the meaning of s.324 of the Act and, pursuant to s.326 of the Act, are likely to have no effect to the extent that they are not permitted deductions.

The United Workers’ Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2024. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Casino Canberra Limited sought approval for an enterprise agreement spanning from 2024 to 2027. The application was lodged with the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement adequately balanced the interests of both the employer and the employees while ensuring that it complied with the legal standards set forth by the Act.

The legal issues before the Court centred on the fairness and reasonableness of the proposed agreement, particularly in terms of the wage rates, conditions, and procedural aspects of the agreement. The Commission had to consider whether the agreement provided for a fair and reasonable set of terms and conditions for employees and whether it allowed for the efficient operation of the casino business. Additionally, the Commission had to ensure that the agreement complied with any relevant national employment standards.

After carefully reviewing the proposed agreement, the Fair Work Commission found that the terms and conditions of the Casino Canberra Enterprise Agreement 2024–2027 were fair and reasonable. The Commission noted that the agreement provided for a reasonable balance between the interests of Casino Canberra Limited and its employees, taking into account the commercial realities of the casino industry. The Commission was also satisfied that the agreement complied with all relevant national employment standards. Consequently, the Commission approved the proposed enterprise agreement, paving the way for its implementation from 2024 onwards.

Casino Canberra Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established