The Star Entertainment Qld Limited Trading AS The Star Brisbane

[2025] FWCA 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Star Entertainment Qld Limited Trading AS The Star Brisbane

(AG2025/2658)

THE STAR BRISBANE ENTERPRISE AGREEMENT 2025

Hospitality industry
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2025

Application for approval of The Star Brisbane Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the The Star Brisbane 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 Star Entertainment Qld Limited Trading AS The Star Brisbane (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.1(g) 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 United Workers’ Union (UWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and the AMWU.

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 Star Entertainment Queensland Limited, trading as The Star Brisbane, brought an application before the Fair Work Commission for approval of a proposed enterprise agreement. The application was in relation to a dispute concerning the terms and conditions of employment for its employees. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement provided for a fair and efficient bargaining process, whether it met the good faith requirements, and if it contained the necessary provisions to protect the interests of the employees.

The Commission considered the process by which the agreement was negotiated and the fairness of the terms proposed. It assessed whether the agreement contained adequate provisions for the protection of employees' interests, including pay rates, conditions of work, and dispute resolution mechanisms. The Commission also evaluated if the agreement provided for an efficient bargaining process and whether it met the good faith requirements as stipulated by the Fair Work Act. The Commission found that the agreement was the product of genuine negotiations and that it contained provisions that were fair and balanced, meeting the statutory requirements for approval.

In reaching its decision, the Commission emphasised the importance of protecting the rights of employees while also ensuring that the agreement facilitated an efficient and effective workplace. The Commission was satisfied that the proposed agreement achieved this balance. It concluded that the agreement was fair and met all the necessary criteria for approval. The Commission approved the proposed enterprise agreement, thereby resolving the dispute and providing a framework for the terms and conditions of employment for the employees of The Star Brisbane.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established