Casinos Austria International (Cairns) Pty Ltd T/A The Reef Hotel Casino

[2021] FWCA 4266

[2021] FWCA 4266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casinos Austria International (Cairns) Pty Ltd T/A The Reef Hotel Casino
(AG2021/5822)

THE REEF HOTEL CASINO CAIRNS COMPLEX AND STAFF-ENTERPRISE AGREEMENT 2021-2024

Hospitality industry
DEPUTY PRESIDENT EASTON	SYDNEY, 19 JULY 2021

Application for approval of the The Reef Hotel Casino Cairns Complex and Staff-Enterprise Agreement 2021-2024.

[1] Casinos Austria International (Cairns) Pty Ltd T/A The Reef Hotel Casino (the Employer) has made an application for the approval of the The Reef Hotel Casino Cairns Complex and Staff-Enterprise Agreement 2021-2024. (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clause 5.8.5 – Public Holiday is potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause provided in the Agreement at clause 1.3.5, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2021. The nominal expiry date of the Agreement is 26 July 2024.

DEPUTY PRESIDENT

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