Casinos Austria International (Cairns) Pty Ltd t/as The Reef Hotel Casino

[2014] FWCA 2882

[2014] FWCA 2882

FAIR WORK COMMISSION

DECISION

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

Casinos Austria International (Cairns) Pty Ltd t/as The Reef Hotel Casino
(AG2014/906)

THE REEF HOTEL CASINO CAIRNS COMPLEX AND STAFF- ENTERPRISE AGREEMENT 2014-2017

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 2 MAY 2014

Application for approval of The Reef Hotel Casino Cairns Complex and Staff- Enterprise Agreement 2014-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Casinos Austria International (Cairns) Pty Ltd t/as The Reef Hotel Casino (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Reef Hotel Casino Cairns Complex and Staff- Enterprise Agreement 2014-2017 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (AWU) and the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Postal, Plumbing and Allied Services Union of Australia (ETU) (collectively, the ‘Unions’) and is to cover 379 hotel, casino and engineering employees who are engaged at the applicant’s hotel and casino complex in Cairns, Queensland. 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 19 September 2013, and voting for the Agreement’s approval took place between 3-4 April 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 134 of the 231 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 April 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr A Costello, Executive Manager Human Resources identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’):

• Hospitality Industry (General) Award 2010 [MA000009];



• Manufacturing and Associated Industries and Occupations Award 2010 [MA000010];



• Plumbing and Fire Sprinklers Award 2010 [MA000036];



• Gardening and Landscaping Services Award 2010 [MA000101];



• Hotels, Resorts and Certain Other Licensed Premises Award - State (Excluding South-East Queensland) 2003 [AN140148]



• Liquor and Accommodation Industry - Hotels, Resorts and Gaming - (Managerial Staff) - Award 2003 [AP821899]



• Engineering Award - State 2002 [AN140107]



• Building Products, Manufacture and Minor Maintenance Award - State 2003 [AN140045]

[4] Mr Costellosaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including casual loading of 20% for casino employees, the removal of penalty rates for work performed on weekends and other unsociable hours and reduced penalty rates on public holidays. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, increased annual leave and enhanced redundancy entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.6 and 6.11 respectively, and a disputes resolution procedure at clause 6.2 provides for conciliation and arbitration by the Commission.

[5] At a hearing of the application on 30 April 2014, Mr D D’Arcy, Solicitor,appeared with Mr A Costello for the applicant, Ms S Schinnerl and Ms S Winn appeared for the AWU and Mr M Haire appeared for the ETU. The Unions had each filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are 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 rates of pay were over 13% higher for hospitality employees, over 10% higher for casual Casino employees and 22% higher for engineering employees, compared to the Modern Awards. Rates of pay are to be increased by varying amounts on the first and second anniversary of the operative date of the Agreement. At the most populous grades, these increases are between 3.1 and 3.4%. Ms Schinnerl, Ms Winn and Mr Haire supported the submissions of Mr D’Arcy and agreed that the Agreement met the BOOT.

[6] 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 Reef Hotel Casino Cairns Complex and Staff- Enterprise Agreement 2014-2017.Pursuant to s 54 of the Act, the Agreement shall operate from 7 May 2014 and have a nominal expiry date of 7 May 2017.

DEPUTY PRESIDENT

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