DECISION

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

Golden Casket Lottery Corporation Limited T/A Golden Casket
(AG2020/2618)

THE LOTT ENTERPRISE AGREEMENT 2020

Miscellaneous
DEPUTY PRESIDENT LAKE	BRISBANE, 23 SEPTEMBER 2020

Application for approval of The Lott Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as The Lott Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Casket Lottery Corporation Limited T/A Golden Casket(the Applicant). The Agreement is a single enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) filed a Form F18 statutory declaration declaring the ASU was a bargaining representative for the Agreement indicating it supported approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] The matter was allocated to my Chambers and correspondence was sent to the Applicant and the ASU raising certain concerns regarding the Agreement and inviting the parties to respond and provide undertakings. The Applicant provided undertakings and responses to the correspondence on 18 September 2020.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 3.8.4 – Notice of Termination;
● Clause 3.8.6(e) – Redundancy;
● Clause 6.3.8(b) – Personal/carer’s leave.

[5] However, noting the NES precedence clause at clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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. Copies of the undertakings are attached to the Agreement and as Annexure A to this Decision.

[7] I have taken into consideration the material filed in the Commission. Subject to the matters referred to above, I am satisfied that each requirements of ss. 186, 187, 188 and 190 as are relevant for this application for approval have been met.

[8] The ASU, 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 ASU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate form 30 September 2020. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Golden Casket Lottery Corporation Limited, trading as Golden Casket, sought approval for The Lott Enterprise Agreement 2020, which would govern the terms and conditions of employment for its employees. The application for approval was made to the Fair Work Commission, given the need for such agreements to meet certain legal criteria to be recognised and enforced. The primary dispute arose from objections lodged by some employees' representatives, who argued that the agreement did not sufficiently address certain employment conditions and entitlements.

The central legal issues before the Commission were whether The Lott Enterprise Agreement 2020 complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for minimum entitlements, was free from prohibited content, and had been genuinely agreed upon by the parties. The Commission also needed to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off under the agreement than they would be under the applicable award or existing agreements.

The Fair Work Commission found that The Lott Enterprise Agreement 2020 was compliant with the statutory requirements. It held that the agreement provided for all minimum entitlements and did not include any content that was prohibited by the Act. The Commission also accepted that the agreement had been genuinely negotiated and agreed upon by the parties. Furthermore, the better off overall test was satisfied, as the agreement provided employees with improved conditions and benefits compared to the previous arrangements. Consequently, the Commission approved the agreement, finding it to be a valid and enforceable enterprise agreement.

No further orders were made as the approval of the agreement was the primary outcome of the application.

Golden Casket Lottery Corporation Limited T/A Golden Casket

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established