KBRV Resort Operations Pty Ltd T/A K'gari Beach Resort

[2024] FWCA 62

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KBRV Resort Operations Pty Ltd T/A K'gari Beach Resort

(AG2023/4776)

K’GARI BEACH RESORT OPERATIONS ENTERPRISE AGREEMENT 2023

Tourism industry
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2024

Application for approval of the K’gari Beach Resort Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the K’gari Beach Resort Operations Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KBRV Resort Operations Pty Ltd T/A K’gari Beach Resort. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 8 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

KBRV Resort Operations Pty Ltd, trading as K’gari Beach Resort, sought approval for their Enterprise Agreement 2023. The application was brought before the Fair Work Commission, as it involved the terms of employment for the resort's staff. The dispute centred on whether the proposed agreement complied with the relevant legislative framework and whether it was fair and reasonable for the employees it covered.

The primary legal issue before the Commission was whether the Enterprise Agreement 2023 met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it adhered to the statutory requirements for such agreements. Another key issue was whether the agreement adequately protected the interests of the employees, particularly those from vulnerable or disadvantaged groups.

In reaching its decision, the Commission considered the submissions from both the applicant and the employees' representatives, along with the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement contained terms and conditions that were fair and reasonable, taking into account the specific circumstances of the resort and its workforce. The agreement was also deemed to comply with the statutory requirements for enterprise agreements. The Commission concluded that the agreement was in the best interests of the employees, as it provided for adequate protections and benefits, while also accommodating the operational needs of the resort. As a result, the Commission approved the K’gari Beach Resort Operations Enterprise Agreement 2023.

The Fair Work Commission approved the Enterprise Agreement 2023, which will now govern the employment conditions of the staff at K’gari Beach Resort. The approval signifies that the agreement is considered fair, reasonable, and compliant with the requirements set out in the Fair Work Act. This decision will ensure that the employees at the resort benefit from the agreed-upon terms and conditions, while also allowing the resort to operate effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established