The Star Pty Ltd T/A The Star Sydney
[2024] FWCA 2407
•27 JUNE 2024
| [2024] FWCA 2407 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Star Pty Ltd T/A The Star Sydney
(AG2024/2120)
THE STAR SYDNEY ENTERPRISE AGREEMENT 2024
| Hospitality industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 JUNE 2024 |
Application for approval of The Star Sydney Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as The Star Sydney Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Star Pty Ltd Trading As The Star Sydney and The Star Entertainment Training Company Pty Ltd (Employers). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 26 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Hospitality Industry (General) Award 2020 [MA000009], the Hair and Beauty Industry Award 2020 [MA000005], and the Manufacturing and Associated Industries and Occupations Award 2020 [MA000010]), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisations
The United Workers’ Union, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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Annexure A
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