DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leary Family Trust and Star Resorts FNQ Trust Pty Ltd T/A Star Resorts
(AG2015/7475)

STAR RESORTS ENTERPRISE BARGAINING AGREEMENT 2015

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Star Resorts Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Star Resorts Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leary Family Trust and Star Resorts FNQ Trust Pty Ltd T/A Star Resorts. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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CaseChat Overview and Summary

In the case of Leary Family Trust and Star Resorts FNQ Trust Pty Ltd T/A Star Resorts, the Full Bench of the Fair Work Commission addressed an application for the approval of the Star Resorts Enterprise Bargaining Agreement 2015. The dispute centred around the agreement’s compliance with the Fair Work Act 2009, specifically whether it met the requirements for a modern award and if it contained all the essential terms mandated by the legislation.

The primary legal issues before the court were whether the agreement provided for a modern award, as required by section 219 of the Act, and whether it contained all the necessary terms as stipulated by section 224. The applicants contended that the agreement was deficient in meeting these legislative standards, while the respondents argued that the agreement was valid and met all necessary legal requirements.

The Full Bench found that the Star Resorts Enterprise Bargaining Agreement 2015 did not adequately provide for a modern award. It was determined that the agreement failed to include essential terms, such as those concerning redundancy pay, as required by section 224 of the Fair Work Act. Consequently, the agreement did not meet the statutory criteria for approval. The Full Bench rejected the application for approval of the agreement, underscoring the necessity for all essential terms to be explicitly included within the bargaining agreement.

No additional orders were made by the Full Bench beyond the rejection of the application for approval of the agreement. The decision reinforces the importance of ensuring that enterprise bargaining agreements comply fully with statutory requirements to be considered valid and enforceable.

Leary Family Trust and Star Resorts FNQ Trust Pty Ltd T/A Star Resorts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established