Tasmanian Country Club Casino Proprietary Limited Trading As Country Club Tasmania

[2025] FWCA 2368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Country Club Casino Proprietary Limited Trading As Country Club Tasmania

(AG2025/2090)

COUNTRY CLUB RESORT AND VILLAS MAINTENANCE ENTERPRISE AGREEMENT 2025

Hospitality industry
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2025

Application for approval of the Country Club Resort and Villas Maintenance Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Country Club Resort and Villas Maintenance Enterprise Agreement 2025 (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 Trading As Country Club Tasmania. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 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 24 July 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tasmanian Country Club Casino Proprietary Limited trading as Country Club Tasmania, the Fair Work Commission was required to consider and approve the proposed Country Club Resort and Villas Maintenance Enterprise Agreement 2025. This agreement was submitted for approval as a greenfields agreement under section 232 of the Fair Work Act 2009. The dispute centred around whether the proposed terms and conditions adequately addressed the interests of the employees and the employer, particularly in light of the unique circumstances of the casino and resort operations.

The legal issues before the Commission involved assessing the fairness and suitability of the proposed agreement. This included evaluating whether the terms were in accordance with the Fair Work Act's objectives, ensuring that the agreement did not disadvantage any party, and confirming that the agreement was made in good faith. The Commission had to consider the specific operational context of the casino and resort, the economic viability of the enterprise, and the balance of rights and obligations between the employer and employees.

The Fair Work Commission found that the proposed agreement was fair and appropriate for the unique circumstances of the casino and resort operations. The Commission took into account the economic viability of the enterprise, the specific operational context, and the balance of rights and obligations between the employer and employees. The agreement was considered to be made in good faith and was deemed to align with the objectives of the Fair Work Act. Consequently, the Commission approved the Country Club Resort and Villas Maintenance Enterprise Agreement 2025.

The Fair Work Commission's final orders were that the Country Club Resort and Villas Maintenance Enterprise Agreement 2025 be approved as a greenfields agreement under the Fair Work Act 2009. This approval was contingent on the continued operation of the casino and resort, and the agreement was set to commence from the first day of March 2025 and remain in effect for five years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established