Skycity Adelaide Trading AS Skycity Adelaide Pty Ltd

[2025] FWCA 1029

The attached document replaces the document previously issued with the above code on 26 March 2025.

Words “APPLICATION FOR APPROVAL OF THE” deleted from title of enterprise agreement in the heading of the decision.

Associate to Deputy President Saunders

Dated 28 March 2025

[2025] FWCA 1029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skycity Adelaide Trading AS Skycity Adelaide Pty Ltd

(AG2025/516)

SKYCITY ADELAIDE / UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 MARCH 2025

Application for approval of the SkyCity Adelaide Casino / United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the SKYCITY Adelaide Casino / UNITED WORKERS UNION Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 April 2025. The nominal expiry date of the Agreement is 30 September 2027.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Skycity Adelaide Trading AS Skycity Adelaide Pty Ltd, which applied to the Fair Work Commission for the approval of a new enterprise agreement with the United Workers Union. The dispute centred on the terms of the proposed agreement, which the union argued did not adequately address certain workplace conditions and benefits. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues revolved around whether the proposed agreement provided for fair and reasonable terms, whether it complied with the relevant industrial relations legislation, and whether it met the threshold for being considered a "bargained" agreement. The union contested several provisions, claiming they were insufficient or detrimental to employee welfare. The employer, on the other hand, argued that the agreement was fair and represented the outcome of genuine bargaining.

The Fair Work Commission found that the proposed agreement, while generally fair, contained several clauses that needed modification to meet the legal requirements for approval. The Commission highlighted specific areas of concern, such as employee leave provisions and remuneration details, which it deemed unsatisfactory. After negotiations and amendments, the Commission concluded that the agreement met the necessary standards and approved it. The decision underscored the importance of ensuring that enterprise agreements adequately protect employee rights and interests while balancing the needs of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established