The Star Entertainment QLD Limited t/a Dorsett Gold Coast

[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

CaseChat Overview and Summary

The Star Entertainment Queensland Limited, trading as Dorsett Gold Coast, applied to the Fair Work Commission for approval of the Dorsett Gold Coast Enterprise Agreement 2021. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the proposed agreement met the criteria for registration as a single-employer enterprise agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it had been negotiated in good faith, and whether it complied with all relevant provisions of the Act.

The central legal issue before the Commission was whether the Dorsett Gold Coast Enterprise Agreement 2021 met the statutory requirements for approval and registration. The Commission had to ensure that the agreement did not unjustifiably discriminate against any employee or class of employees, that it provided for terms and conditions that were fair and reasonable, and that it had been negotiated in good faith. The Commission also needed to confirm that the agreement was made in accordance with the provisions of the Fair Work Act.

In assessing the application, the Fair Work Commission considered the content and provisions of the Dorsett Gold Coast Enterprise Agreement 2021, the process by which it was negotiated, and the evidence provided by the parties. The Commission found that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission also determined that the agreement did not unjustifiably discriminate against any employee or class of employees and that it complied with all relevant provisions of the Fair Work Act. The Commission approved the application and registered the Dorsett Gold Coast Enterprise Agreement 2021.

The Fair Work Commission's final orders included the registration of the Dorsett Gold Coast Enterprise Agreement 2021, effective from the date of the decision. The agreement is to be applied and enforced as a registered enterprise agreement under the Fair Work Act. The Commission's decision ensures that the terms and conditions of employment for employees of The Star Entertainment Queensland Limited, trading as Dorsett Gold Coast, are governed by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established