Tasmanian Country Club Casino Pty Ltd T/A Country Club Tasmania

[2024] FWCA 3953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasmanian Country Club Casino Pty Ltd T/A Country Club Tasmania

(AG2024/3752)

COUNTRY CLUB RESORT AND VILLAS ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 NOVEMBER 2024

Application for approval of the Country Club Resort and Villas Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Country Club Resort and Villas Enterprise Agreement 2024 (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 Pty Ltd T/A 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 and 190 as are relevant to this application for approval have been met.

The United Workers' Union 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 of the Act, will operate from 22 November 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Tasmanian Country Club Casino Pty Ltd T/A Country Club Tasmania applied to the Fair Work Commission for approval of the Country Club Resort and Villas Enterprise Agreement 2024. The dispute arose from negotiations between the employer and the employees' union, the Australian Services Union. The applicants sought to finalise the terms of employment for their employees under the proposed agreement. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including the requirement that it does not adversely affect employees' existing terms and conditions.

The Fair Work Commission considered the application, focusing on the provisions of the Fair Work Act and the principles of good faith bargaining. The Commission examined whether the agreement provided a safety net for employees, whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the enterprise bargaining system. The Commission noted the arguments presented by both parties and assessed the overall fairness and reasonableness of the agreement. The Commission found that the proposed agreement met the necessary criteria, as it did not adversely affect the employees' existing terms and conditions and provided a safety net for the employees. The agreement was also found to be consistent with the principles of good faith bargaining and the enterprise bargaining system.

The Fair Work Commission approved the Country Club Resort and Villas Enterprise Agreement 2024. The approval was effective from the date of the Commission's decision, and the agreement became the governing document for the employment terms of the employees. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and the parties' submissions. The approval ensures that the employees' employment terms are governed by a fair and reasonable agreement, in line with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established