Delaware North Darwin Casino Pty Ltd Trading AS Mindil Beach Casino Resort

[2025] FWCA 2225

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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voting cohort was 300 employees, of whom 278 voted to approve, I am satisfied that the twelve employees votes – if withdrawn – could not change the outcome of a majority in support.

1. 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.

1. 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.

1. 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

Level	Overtime		Public Holiday
	First 2 hrs M-F	All other
	150%	200%	250%
6	$54.82	$73.10	$91.37

 

OVERTIME HOURS

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

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

 

Casual Employees

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

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

 

Casual Employees

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.

_____________________

 

Signature

4 July 2025    
Date