Delaware North Darwin Casino Pty Ltd Trading AS Mindil Beach Casino Resort
[2025] FWCA 2225
•7 JULY 2025
| [2025] FWCA 2225 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Delaware North Darwin Casino Pty Ltd Trading AS Mindil Beach Casino Resort
(AG2025/1876)
THE DELAWARE NORTH MINDIL BEACH CASINO RESORT ENTERPRISE AGREEMENT 2025
| Hospitality industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 7 JULY 2025 |
Application for approval of the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delaware North Darwin Casino Pty Ltd Trading AS Mindil Beach Casino Resort (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 February 2025 and the Agreement was made on 3 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers’ Union (UWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
The Applicant has provided written undertakings. 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.
In response to my question about the eligibility of casual employees to participate in the vote, it transpired that there were twelve casual employees who cast a vote in circumstances where they may have been ineligible. Given that the total voting cohort was 300 employees, of whom 278 voted to approve, I am satisfied that the twelve employees votes – if withdrawn – could not change the outcome of a majority in support.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the United Workers’ Union.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529600 PR788986>
ANNEXURE A
Undertaking – Section 190
I, DEBORAH BRENNAN, Director Employee and Industrial Relations, have the authority given to me by Delaware North (the employer) to give the following undertakings with respect to the Delaware North Mindil Beach Casino Resort Enterprise Agreement 2025 (the Agreement):
1. The definition of a shiftworker in Clause 3 shall apply for the purposes of the National Employment Standards and that where the definition confers a lesser benefit than a relevant underpinning Award, the relevant Award entitlement shall apply.
2. Schedule B.4 Spa to read as follows for Level 6 employees:
EA Commencement
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7AM-8PM 8pm-9pm 100% 100% + $1.25 120% 140% + $10.80 250% 6 $34.45 $35.70 $41.34 $59.03 $86.13
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 125% 125% + $0.75 140% 162.5% + $10.80 250% 6 $43.06 $43.81 $48.23 $66.78 $86.13
OVERTIME HOURS
All Employees
| Level | Overtime | Public Holiday | |
| First 2 hrs M-F | All other | ||
| 150% | 200% | 250% | |
| 6 | $51.68 | $68.90 | $86.13 |
Level Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 100% 100% + $1.25 120% 140% + $10.80 250% 6 $35.48 $36.77 $42.58 $60.80 $88.71
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 125% 125% + $0.75 140% 162.5% + $10.80 250% 6 $44.35 $45.12 $49.68 $68.78 $88.71
OVERTIME HOURS
All Employees
Level
Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% 6 $53.23 $70.97 $88.71
First full pay period on or after 7 December 2026
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 100% 100% + $1.25 120% 140% + $10.80 250% 6 $36.55 $37.88 $43.86 $62.63 $91.37
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 125% 125% + $0.75 140% 162.5% + $10.80 250% 6 $45.69 $46.48 $51.17 $70.85 $91.37
OVERTIME HOURS
Level
Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% 6 $54.82 $73.10 $91.37 All Employees
Level Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 100% 100% + $1.25 120% 140% + $10.80 250% 6 $37.64 $39.01 $45.17 $64.50 $94.11
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-9pm 125% 125% + $0.75 140% 162.5% + $10.80 250% 6 $47.06 $47.87 $52.70 $72.97 $94.11
OVERTIME HOURS
All Employees
Level
Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% 6 $56.47 $75.29 $94.11
3. First year adult apprentices will be paid more than the rate proscribed in the relevant underpinning Award.
4. Employees employed as a Carpenter in a casual role will be engaged for a minimum of 5¾
hours for each engagement of ordinary hours.
5. Schedule B.1 Gaming to read as follows for Level Intro employees:
EA Commencement
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 100% 100% + $1.25 100% + $2.20 120% 140% 250% Intro $25.99 $27.24 $28.19 $31.19 $36.39 $64.98
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 125% 125% + $0.75 125% + $2.00 140% 162.5% 250% Intro $32.49 $33.24 $34.49 $36.39 $42.23 $64.98
Level Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% Intro $38.99 $51.98 $64.98
First full pay period on or after 7 December 2025
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 100% 100% + $1.25 100% + $2.20 120% 140% 250% Intro $26.77 $28.06 $29.04 $32.12 $37.48 $66.92
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 125% 125% + $0.75 125% + $2.00 140% 162.5% 250% Intro $33.46 $34.23 $35.52 $37.48 $43.50 $66.92
OVERTIME HOURS
All Employees
Level
Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% Intro $40.15 $53.54 $66.92
First full pay period on or after 7 December 2026
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 100% 100% + $1.25 100% + $2.20 120% 140% 250% Intro $27.57 $28.90 $29.91 $33.09 $38.60 $68.93
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 125% 125% + $0.75 125% + $2.00 140% 162.5% 250% Intro $34.47 $35.26 $36.59 $38.60 $44.81 $68.93
| Level | Overtime | Public Holiday | |
| First 2 hrs M-F | All other | ||
| 150% | 200% | 250% | |
| Intro | $41.36 | $55.15 | $68.93 |
First full pay period on or after 7 December 2027
ORDINARY HOURS
Full Time and Part Time Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 100% 100% + $1.25 100% + $2.20 120% 140% 250% Intro $28.40 $29.77 $30.81 $34.08 $39.76 $71.00
Casual Employees
Level
Monday to Friday Saturday
Sunday
Public Holiday
7am-8pm 8pm-Midnight Midnight-7am 125% 125% + $0.75 125% + $2.00 140% 162.5% 250% Intro $35.50 $36.31 $37.68 $39.76 $46.15 $71.00
OVERTIME HOURS
All Employees
Level
Overtime Public Holiday
First 2 hrs M-F All other 150% 200% 250% Intro $42.60 $56.80 $71.00
6. Casual employees employed as a Finance Officer do not work a roster that includes only Sunday work, and it is not reasonably foreseeable that such casual employees employed as Finance Officers will work such a roster during the life of the Agreement.
7. The qualifying period for the purposes of Clause 16.10 will be six (6) months rather than twelve (12) months.
These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
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Signature
4 July 2025
Date
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