Jupiters Limited t/as Jupiters Hotel & Casino

[2014] FWCA 7458

[2014] FWCA 7458

FAIR WORK COMMISSION

DECISION

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

Jupiters Limited t/as Jupiters Hotel & Casino
(AG2014/9262)

JUPITERS HOTEL & CASINO ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 OCTOBER 2014

Application for approval of the Jupiters Hotel & Casino Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Jupiters Limited t/as Jupiters 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 Jupiters Hotel & Casino Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and Mr E Davis, a nominated Employee Bargaining Representative. It is to cover 1,183 employees who are employed in various classifications, up to Managers, at the applicant’s Hotel and Casino in Broadbeach Island, 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 24 February 2014, and voting for the Agreement’s approval took place between 17 and 23 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot, 601 of the 1,015 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 3 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Wiblen, General Manager Human Resources Queensland 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];



• Joinery and Building Trades Award 2010 [MA000029];



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



• Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998, The [AP783479]

[4] Ms Wiblensaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including the removal of a meal allowance and an allowance for the cost of an employee’s transport home at a time in which it is unreasonable to travel by their normal method of transport or before their normal method is available. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, enhanced parental leave entitlements and the provision of meals where an employee works a shift of five hours or more. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 2.1 and 2.2 respectively.

[5] At a hearing of the application on Ms J Ede, General Counsel - Employee Relations appeared with Ms L Wiblen and Ms J Dalton for the applicant and Mr S Ong appeared with Ms K Collorafi for the Union. Ms Ede 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. The Union had filed a Declaration in relation to the application (Form 18) giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr E Davis had filed a declaration in his capacity as EBR setting out that the employees he represented supported the approval of the Agreement. The Union had sought an undertaking in relation to representation of employees under the Disputes Resolution clause (cl 2.3). The applicant provided an undertaking setting out that an employee may choose to be represented by the Union or by any other person at any stage of the dispute resolution procedure. This was accepted by the Union. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’.

[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, 188, 190, 191 and 193, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Jupiters Hotel & Casino Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 24 October 2014 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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