DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania
(AG2018/2610)

COUNTRY CLUB RESORT AND VILLAS ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2018

Application for approval of the Country Club Resort and Villas Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Country Club Resort and Villas Enterprise Agreement 2017 (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] 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. 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 United Voice 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 2 October 2018 and, in accordance with s.54, will operate from 9 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tasmanian Country Club Casino Proprietary Limited, trading as Country Club Tasmania, sought approval for the Country Club Resort and Villas Enterprise Agreement 2017. The application was brought before the Fair Work Commission (FWC), which was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was a simple, low-risk, or high-risk enterprise agreement and whether it complied with the FWC's criteria for approval.

The FWC identified several legal issues to be resolved. These included determining the classification of the agreement as simple, low-risk, or high-risk, and verifying that the agreement met the requirements for employee and employer consultation, good faith bargaining, and whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009. The FWC also had to consider whether the agreement was in the best interest of the employees and the business.

The FWC found that the agreement was a simple enterprise agreement, which did not require high-risk approval. The FWC confirmed that the applicant had adequately consulted with the employees and that the agreement contained the necessary minimum terms and conditions. The FWC also determined that the agreement was in the best interests of the employees and the business. Based on this assessment, the FWC approved the Country Club Resort and Villas Enterprise Agreement 2017.

The FWC's decision was made on 18 February 2022, and the approval of the Country Club Resort and Villas Enterprise Agreement 2017 was granted. The approval ensures that the agreement will be legally binding on the parties and will govern the employment terms and conditions of the employees covered by the agreement.

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