DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Star Entertainment QLD Limited T/A The Star Gold Coast
(AG2018/4695)

THE STAR GOLD COAST ENTERPRISE AGREEMENT 2018

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of The Star Gold Coast Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Star Gold Coast Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Star Entertainment QLD Limited T/A The Star Gold Coast. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Star Entertainment Queensland Limited, trading as The Star Gold Coast, applied to the Fair Work Commission for approval of the Enterprise Agreement 2018. The agreement was proposed by the employer to cover employees who were represented by the Australian Services Union. The application arose from the need to formalise and regulate the terms of employment for workers within the hospitality and gaming industry. The Fair Work Commission was tasked with ensuring that the proposed agreement met the standards set forth in the Fair Work Act 2009, including compliance with the requirements for "bargaining in good faith" and "meeting the coverage test."

The central legal issue the Commission had to address was whether the agreement adhered to the procedural and substantive requirements established under the Fair Work Act. This involved scrutiny of whether the bargaining process was conducted in good faith and whether the agreement itself was fair and reasonable. The Commission also needed to determine if the agreement covered the necessary employee demographics as required by the legislation and if it provided for appropriate protections and entitlements. Furthermore, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

After reviewing the application, the Fair Work Commission found that the agreement was fair and reasonable, and had been made in good faith. The Commission was satisfied that the bargaining process was transparent and that the agreement met all the necessary legislative requirements. The terms and conditions proposed in the agreement were deemed to provide adequate protections and entitlements for the employees, and the agreement was considered to be in their best interests. Consequently, the Commission approved the Enterprise Agreement 2018, ensuring it would come into effect on the terms specified.

The Fair Work Commission's final orders included the approval of the Enterprise Agreement 2018, which would now govern the terms and conditions of employment for the employees covered by the agreement. The Commission's decision was based on the thorough examination of the agreement and the bargaining process, confirming compliance with all legal standards. This approval ensured that the agreement would be enforceable and would provide a clear framework for the relationship between The Star Gold Coast and its employees.

The Star Entertainment QLD Limited T/A The Star Gold Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established