The Star Entertainment QLD Limited t/a Dorsett Gold Coast

[2021] FWCA 6389

[2021] FWCA 6389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Star Entertainment QLD Limited t/a Dorsett Gold Coast
(AG2021/7745)

DORSETT GOLD COAST ENTERPRISE AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 OCTOBER 2021

Application for approval of the Dorsett Gold Coast Enterprise Agreement 2021.

[1] Dorsett Gold Coast has applied for approval of a greenfields agreement known as the Dorsett Gold Coast Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Since the application was made, the Commission sought further evidence about whether the Agreement relates to a “genuine new enterprise” in accordance with s.172(2)(b). Further evidence was provided and supported by the employee organisation covered.

[3] Having regard to clause 1.1(e), I am satisfied the National Employment Standards (NES) will operate without exclusion.

[4] On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[5] In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

[6] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[7] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with UWU and that the Agreement covers the organisation.

[8] The Agreement was approved on 25 October 2021 and, not withstanding clause 1.1(c) and in accordance with s.54, will operate from 1 November 2021. The nominal expiry date of the Agreement is 25 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513620  PR735144>