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

[2014] FWCA 5462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania
(AG2014/1504)

COUNTRY CLUB RESORT AND VILLAS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 AUGUST 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Country Club Resort and Villas Enterprise Agreement 2014 (the Agreement). The application was made by Tasmanian Country Club Casino Proprietary Limited T/A Country Club Tasmania pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] 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.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 2014 from the Fair Work Commission. The dispute arose over the terms and conditions of employment for certain employees, specifically those in managerial positions, and the impact these terms had on the collective bargaining process. The Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was in compliance with the Act, particularly regarding the procedural fairness of the agreement-making process. The applicant argued that the agreement had been made in good faith and that all necessary steps were taken to ensure its validity. The opposing party raised concerns about the fairness and inclusiveness of the bargaining process, asserting that some managerial employees were excluded from the negotiations, which compromised the integrity of the agreement.

In reaching its decision, the Commission examined the evidence presented by both parties and assessed the procedural fairness of the agreement-making process. The Commission found that while there were shortcomings in the inclusivity of the bargaining process, the overall agreement was made in good faith and met the essential requirements of the Act. The Commission concluded that the procedural irregularities did not invalidate the agreement, and thus, it approved the Country Club Resort and Villas Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established