The Lottery Corporation

[2025] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Lottery Corporation

(AG2025/3272)

THE LOTTERY CORPORATION CONTACT CENTRE ENTERPRISE AGREEMENT 2025

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2025

Application for approval of The Lottery Corporation Contact Centre Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as The Lottery Corporation Contact Centre 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 The Lottery Corporation (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) QLD Together Branch (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lottery Corporation sought approval of the proposed Contact Centre Enterprise Agreement 2025. The application was heard by the Fair Work Commission (FWC), which had to determine whether the agreement met the requirements under the Fair Work Act 2009. The application involved assessing the fairness and compliance of the proposed agreement, particularly in terms of minimum entitlements and procedural fairness.

The primary legal issues before the FWC were whether the proposed agreement satisfied the criteria for approval under the Fair Work Act. These criteria included ensuring that the agreement provided for minimum entitlements, was procedurally fair, and was genuinely agreed upon by both parties. The FWC had to evaluate the terms of the proposed agreement against these statutory requirements to determine if it met the necessary standards for approval.

The FWC found that the proposed agreement met the statutory requirements for approval. The agreement provided for minimum entitlements as required by the Fair Work Act. The FWC also concluded that the process by which the agreement was negotiated and agreed upon was procedurally fair. The FWC accepted that the agreement was genuinely negotiated between the parties and not imposed unilaterally. Consequently, the FWC approved the proposed agreement, recognising its compliance with the relevant statutory provisions.

The FWC's final order was to approve the Contact Centre Enterprise Agreement 2025 as proposed by The Lottery Corporation. This approval allows the agreement to be registered and enforced, ensuring that the terms and conditions outlined within it are legally binding for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established