DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Resorts Management Pty Ltd & Star Resorts Port Douglas Pty Ltd
(AG2015/7479)

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 Star Resorts Management Pty Ltd & Star Resorts Port Douglas 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

‘

CaseChat Overview and Summary

In the Fair Work Commission, the applicants, Star Resorts Management Pty Ltd and Star Resorts Port Douglas Pty Ltd, sought approval of the Star Resorts Enterprise Bargaining Agreement 2015. The dispute arose from the negotiation process and the terms of the agreement which had been entered into by the applicants and the relevant union. The applicants argued that the agreement met all the necessary requirements for approval under the Fair Work Act 2009. The union, however, contested the approval, asserting that certain terms of the agreement were not fair and did not meet the requirements of the Act.

The central legal issues before the Commission involved whether the agreement complied with the statutory criteria for approval and whether it contained terms that were fair and reasonable. The union argued that certain provisions relating to work conditions, including casual loadings and shift penalties, did not meet the fairness standards required by the Act. The applicants, on the other hand, maintained that the agreement had been fairly negotiated and that all terms were in accordance with the legislative requirements.

After considering the submissions from both parties, the Commission determined that the agreement did indeed meet the statutory criteria for approval. The Commission found that the negotiation process had been conducted fairly and that the terms of the agreement were reasonable and justifiable in the circumstances. The union's concerns about certain provisions were addressed, and the Commission was satisfied that the overall agreement was fair and balanced. Consequently, the Commission approved the Star Resorts Enterprise Bargaining Agreement 2015.

The Commission's final orders included the approval of the agreement, with the understanding that any further disputes regarding its interpretation or application would need to be resolved through the mechanisms provided by the Act. The applicants were directed to implement the approved agreement in accordance with the terms set out therein.

Star Resorts Management Pty Ltd & Star Resorts Port Douglas 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