DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Star Entertainment Qld Limited T/A Treasury Casino & Hotel
(AG2017/2921)

TREASURY CASINO & HOTEL ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 23 AUGUST 2017

Application for approval of the Treasury Casino & Hotel Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Casino & Hotel Enterprise Agreement 2017 (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/As Treasury Casino & Hotel. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the United Voice being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. 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 30 August 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, The Star Entertainment Qld Limited, trading as Treasury Casino & Hotel, applied for approval of the Treasury Casino & Hotel Enterprise Agreement 2017. The application was brought by the employer, seeking the Commission’s endorsement of the agreement that had been negotiated with the relevant employee representatives. The dispute centred on whether the agreement met the legal standards and requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issues for the Commission to decide were whether the agreement contained all the mandatory provisions required by the Act, was free from prohibited content, and had been made in accordance with the procedural prerequisites. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees, taking into account the principle of good faith bargaining and the overall public interest.

In assessing the application, the Commission carefully examined the agreement to ensure it included all the mandatory terms and conditions, such as minimum wage rates, leave entitlements, and other essential employment protections. The Commission also verified that the agreement did not contain any prohibited content, such as terms that would undermine the rights or protections of employees. Furthermore, the Commission reviewed the bargaining process to confirm that it was conducted in good faith and that the agreement was not made under duress or coercion. After thorough consideration, the Commission determined that the agreement was compliant with the legislative requirements and represented fair and reasonable terms for the employees. Consequently, the Commission approved the Treasury Casino & Hotel Enterprise Agreement 2017.

The Star Entertainment Qld Limited T/A Treasury Casino & Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established