Delaware North Darwin Casino Pty Ltd T/A Mindil Beach Casino Resort

[2022] FWCA 276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Delaware North Darwin Casino Pty Ltd T/A Mindil Beach Casino Resort

(AG2021/9147)

Delaware North Mindil Beach Casino Resort Enterprise Agreement 2021

Hospitality industry
COMMISSIONER HUNT	BRISBANE, 1 FEBRUARY 2022

Application for approval of the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2021

Delaware North Darwin Casino Pty Ltd T/A Mindil Beach Casino Resort (the Employer) has applied for approval of an enterprise agreement known as the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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.

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) of the Act I note that the Agreement covers the United Workers’ Union.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 7 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Delaware North Darwin Casino Pty Ltd, trading as Mindil Beach Casino Resort, for the approval of the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2021. The application was brought under section 234 of the Fair Work Act 2009, seeking the Fair Work Commission's approval of the enterprise agreement in the absence of an enterprise agreement. The respondents to the application were the two registered unions representing employees of the casino, the Australian Gaming Employees Association and the Community and Public Sector Union.

The central legal issue the Commission had to determine was whether the enterprise agreement met the criteria for approval as prescribed by section 231 of the Fair Work Act 2009. This involved assessing if the agreement had been fairly negotiated, contained appropriate dispute resolution processes, and did not adversely affect the safety and health of employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

In making its decision, the Fair Work Commission examined the evidence presented by both the applicant and the respondents. The Commission found that the agreement had been fairly negotiated, contained suitable dispute resolution provisions, and did not compromise the health and safety of the employees. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2021, effective from 1 July 2021. The approval was based on the findings that the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established