Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania

[2023] FWCA 2141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania

(AG2023/2212)

COUNTRY CLUB RESORT AND VILLAS MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 JULY 2023

Application for approval of the Country Care Resort and Villas Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Country Care Resort and Villas Maintenance Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 17 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tasmanian Country Club Casino Proprietary Limited trading as Country Club Tasmania, the Fair Work Commission (FWC) was called upon to consider an application for the approval of the Country Care Resort and Villas Maintenance Enterprise Agreement 2023. The application was made by the employer, and it sought the FWC's endorsement of the proposed enterprise agreement which aimed to regulate the employment terms and conditions for maintenance staff within the organisation.

The primary legal issues before the FWC revolved around the validity and fairness of the proposed agreement. Specifically, the FWC had to determine if the agreement was genuinely a product of bargaining between the employer and employees, if it complied with the requirements of the Fair Work Act 2009, and if it met the criteria for approval under the Fair Work Regulations 2009. Additionally, the FWC examined whether the agreement adequately covered all the prescribed minimum terms and conditions of employment, including pay rates, hours of work, leave provisions, and other workplace rights.

After reviewing the application and considering submissions from both the employer and the union representatives, the FWC found that the proposed agreement was made in good faith and was a genuine product of bargaining. The FWC determined that the agreement met the legislative requirements and provided for the prescribed minimum terms and conditions. The FWC concluded that the proposed enterprise agreement was fair and appropriate for approval. Consequently, the FWC approved the Country Care Resort and Villas Maintenance Enterprise Agreement 2023, effective from the date of the FWC's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established