DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Star Pty Ltd T/A The Star Sydney
(AG2017/5571)

THE STAR SYDNEY ENTERPRISE AGREEMENT 2017

Hospitality industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 MARCH 2018

Application for approval of The Star Sydney Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Star Sydney 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 Pty Ltd T/A The Star Sydney. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from The Star Pty Ltd T/A The Star Sydney. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Star Pty Ltd, trading as The Star Sydney, applied to the Fair Work Commission for approval of The Star Sydney Enterprise Agreement 2017. The application arose under section 231 of the Fair Work Act 2009, seeking the Commission's determination that the agreement met the requirements for approval. The dispute involved whether the agreement complied with the provisions of the Act and provided for the fair treatment of employees.

The central legal issues before the Commission were whether the agreement provided for the proper payment of employees' wages, entitlements, and conditions, and whether it adhered to the statutory requirements for enterprise agreements, including the process by which it was made. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution provisions and whether it met the "better off overall test" as stipulated by the Act.

In assessing the application, the Commission examined the evidence provided by The Star Pty Ltd regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was made in good faith and followed the necessary procedures under the Act. The terms of the agreement were considered fair and reasonable, providing for appropriate wage rates, conditions, and entitlements for the employees. Furthermore, the dispute resolution provisions were deemed adequate, and the agreement met the "better off overall test" as it provided employees with benefits that outweighed any disadvantages.

The Fair Work Commission approved The Star Sydney Enterprise Agreement 2017, finding it to be a valid and fair agreement that met all the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on the evidence provided and the conclusion that the agreement was made in good faith and provided for the fair treatment of employees, including proper wages, conditions, and dispute resolution mechanisms.

The Star Pty Ltd T/A The Star Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established