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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Casinos Austria International (Cairns) Pty Ltd trading as The Reef Hotel Casino, which sought approval for the Cairns Complex and Staff-Enterprise Agreement 2021-2024. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed agreement with relevant labour laws.

The central legal issue was whether the proposed enterprise agreement met the criteria for approval as a registered agreement. This involved assessing the agreement's compliance with the procedural and substantive fairness tests outlined in the Fair Work Act. The Commission needed to determine whether the agreement was genuinely negotiated, whether it contained appropriate dispute resolution mechanisms, and whether it met the minimum entitlements required by the Act. Additionally, the Commission had to consider whether the agreement was consistent with the overall framework of Australia's industrial relations system.

The Fair Work Commission found that the proposed enterprise agreement was procedurally and substantively fair. The Commission acknowledged that the agreement had been genuinely negotiated between the employer and the relevant trade union, and it contained adequate dispute resolution mechanisms. Furthermore, the agreement was found to comply with the minimum entitlements required by the Fair Work Act. The Commission also noted that the proposed agreement was consistent with the broader industrial relations system. Consequently, the Commission approved the application and registered the Cairns Complex and Staff-Enterprise Agreement 2021-2024 as a registered agreement.

The final orders of the Fair Work Commission included the approval and registration of the Cairns Complex and Staff-Enterprise Agreement 2021-2024 as a registered agreement. The agreement was to be effective from the date of the Commission's decision and would govern the employment conditions of the staff at The Reef Hotel Casino in Cairns for the specified period. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated, contain appropriate dispute resolution mechanisms, and comply with the minimum entitlements required by the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established