DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Resorts @ Teneriffe Pty Ltd
(AG2015/7477)

STAR RESORTS @ TENERIFFE ENTERPRISE BARGAINING AGREEMENT 2015

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Star Resorts @ Teneriffe 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 Star Resorts @ Teneriffe Pty Ltd. 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

Star Resorts @ Teneriffe Pty Ltd applied to the Fair Work Commission for the approval of the Star Resorts @ Teneriffe Enterprise Bargaining Agreement 2015. The applicant sought to have the agreement approved under section 227 of the Fair Work Act 2009. The applicant argued that the agreement was in the interests of creating a better workplace and provided for terms and conditions that were fair and reasonable.

The legal issues that the Commission was required to decide included whether the agreement was in the interests of creating a better workplace and whether it provided for terms and conditions that were fair and reasonable. The Commission had to consider the application in light of the relevant provisions of the Fair Work Act 2009, including sections 227, 228, and 230. The Commission also had to consider the principles of good faith bargaining and the objects of the Act.

The Commission found that the agreement was in the interests of creating a better workplace and provided for terms and conditions that were fair and reasonable. The Commission noted that the agreement included provisions for a range of employee entitlements, including wages, leave, and superannuation. The Commission also found that the agreement provided for a good faith bargaining process and that the parties had made a genuine effort to reach an agreement. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement under section 227 of the Act. The Commission noted that the agreement would provide for better workplace outcomes for the employees of the applicant and would help to promote industrial peace and harmony.

The Commission made an order approving the Star Resorts @ Teneriffe Enterprise Bargaining Agreement 2015 under section 227 of the Fair Work Act 2009. The order was made on the basis that the agreement was in the interests of creating a better workplace and provided for terms and conditions that were fair and reasonable. The Commission also noted that the agreement would help to promote industrial peace and harmony.

Star Resorts @ Teneriffe Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established