SkyCity Adelaide Pty Ltd T/A Adelaide Casino

[2015] FWCA 2964

[2015] FWCA 2964

FAIR WORK COMMISSION

DECISION

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

SkyCity Adelaide Pty Ltd T/A Adelaide Casino
(AG2015/835)

SKYCITY ADELAIDE CASINO/UNITED VOICE ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 MAY 2015

Application for approval of the SkyCity Adelaide Casino/United Voice Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by SkyCity Adelaide Pty Ltd t/as Adelaide Casino (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the SkyCity Adelaide Casino/United Voice Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (UV), the Construction, Forestry, Mining and Energy Union (CFMEU) (collectively the ‘Unions’) and two nominated Employee Bargaining Representatives (EBRs). The Agreement is to cover 997 employees who are not salaried employees and who are employed at the applicant’s casino in Adelaide. 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 17 September 2014 and voting for the Agreement’s approval took place between 23 and 30 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 550 of the 600 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 13 April 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr C Tannock, Human Resources Manager, identified the Hospitality Industry (General) Award 2010 [MA000009], the Joinery and Building Trades Award 2010 [MA000029] and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Tannocksaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Awards, including changes to minimum guaranteed hours for part time employees and payment for overtime after working more than ten hours per shift. However, the Agreement provides for a range of terms and conditions more beneficial than those under the Awards, including higher rates of pay, the provision of family violence leave, enhanced redundancy entitlements after six years of service, higher casual rates for work performed on weekends and more generous meal entitlements. Rates of pay are to be increased by 3% or in accordance with the Commission’s Minimum Wage Review Decision, whichever is the greater, on 1 July 2015 and 1 July 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 50 and 17 respectively, and a disputes resolution procedure at clause 19 provides for conciliation and arbitration by the Commission.

[4] The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement.

[5] Having reviewed 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 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the SkyCity Adelaide Casino/United Voice Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 1 May 2015 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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