DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania
(AG2015/949)

COUNTRY CLUB RESORT AND VILLAS MAINTENANCE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 22 MAY 2015

Application for approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Country Club Resort and Villas Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by from Tasmanian Country Club Casino Pty Ltd t/a Country Club Tasmania. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Tasmanian Country Club Casino Pty Ltd t/a Country Club Tasmania. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 22 May 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the recent case of Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania, the Fair Work Commission was tasked with considering an application for approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2014. The applicant, the employer, sought approval of the agreement under the Fair Work Act 2009, with the application being contested by various unions representing the employees. The crux of the dispute centred on the provisions of the proposed agreement, particularly those relating to pay rates, conditions, and the scope of bargaining.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and whether it complied with the principles of procedural fairness. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, if it was made in good faith, and if it was appropriately negotiated. Additionally, the Commission examined whether the agreement provided for a fair and efficient workplace while ensuring that employees' rights and interests were adequately protected.

In reaching its decision, the Fair Work Commission carefully evaluated the evidence presented by both the employer and the unions. The Commission concluded that the proposed agreement was, in fact, a genuine enterprise agreement that had been made in good faith and through appropriate negotiation processes. It found that the agreement contained terms and conditions that were fair and efficient, providing an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the application, thereby allowing the agreement to come into effect.

The final orders of the Commission included the approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2014, with specific terms and conditions that were deemed fair and efficient. The Commission also directed that the agreement would be registered and published, ensuring transparency and compliance with the requirements of the Fair Work Act 2009.

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