DECISION

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

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania
(AG2019/5195)

COUNTRY CLUB RESORT AND VILLAS MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Country Club Resort and Villas Maintenance Enterprise Agreement 2018 (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.

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

[4] 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.

[5] The Agreement was approved on 28 February 2020 and, in accordance with s.54, will operate from 6 March 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Tasmanian Country Club Casino Proprietary Limited, trading as Country Club Tasmania, and the Tasmanian Manufacturies Union of Workers. The dispute centred on the application for approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2018, which was proposed to cover employees of the casino involved in resort and villa maintenance activities. The union had raised concerns about the terms and conditions outlined in the proposed agreement, seeking to ensure that they provided adequate protection and benefits for the workers.

The legal issues that the Fair Work Commission had to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the minimum standards for wages, leave entitlements, and other conditions of employment. The union argued that certain clauses in the agreement fell short of these requirements and potentially disadvantaged the employees. The casino, on the other hand, contended that the agreement was fair and reasonable, meeting all statutory obligations.

In examining the application, the Fair Work Commission considered the evidence presented by both parties, including the submissions and the content of the proposed agreement. The Commission found that while the agreement contained some provisions that were compliant with the minimum standards, there were certain clauses that did not meet the legislative requirements. The Commission made specific orders to modify these clauses to ensure compliance with the Fair Work Act 2009. The changes required included adjustments to the rates of pay and the provisions for overtime and penalty rates.

The Fair Work Commission ultimately approved the modified version of the Country Club Resort and Villas Maintenance Enterprise Agreement 2018, subject to the changes made to certain clauses. The casino was directed to implement these modifications within the specified timeframe. This decision ensured that the employees would be covered by an agreement that met the statutory minimum standards, thus resolving the dispute between the parties.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established