Work Relations

[2013] FWCA 6410

[2013] FWCA 6410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185—Enterprise agreement

Work Relations
(AG2013/8576)

TREASURY CASINO & HOTEL ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Treasury Casino & Hotel Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Work Relations (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Treasury Casino & Hotel Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’). The Agreement is to cover 1373 employees who are team members of Treasury Casino who are engaged in the classifications detailed in the Agreement. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 19 October 2012, and voting for the Agreement’s approval took place between 1 and 6 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot conducted by Elections Australia, 888 employees of 1144 who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 18 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Jan Rosevear, Senior Human Resources Manager identified the Hospitality Industry (General) Award 2010, Joinery and Building Trades Award 2010, Manufacturing and Associated Industries and Occupation Award 2010 and The Hospitality Industry - Accommodation, Hotels, Resorts & Gaming Award 1998 as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Rosevear said that the Agreement provides for a number of conditions that are less beneficial than the terms of the relevant reference instruments, with a number of significant benefits than provided for in the reference instruments. The Agreement provides for one off payment in the first full pay period following approval by the Commission and varying wage increases for different sections of employees over the nominal period of the Agreement. There will be wage increases of 2.6 %, 2.6 %, 2.75 % and 2.75 % in July of each year of the Agreement’s nominal term. I have balanced the benefits against the less beneficial terms and I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 2.1 and 2.2 respectively, and a disputes resolution procedure at clause 2.3 provides for conciliation by the Commission.

[4] At a hearing of the application on 29 August 2013, Mr R Clarke and Ms J Rosevear appeared for the employer, Mr S Batson, Ms M Chang and Mr R Crosby appeared as employee bargaining representatives,and Mr S Ong appeared for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Clarke outlined the background of the negotiations, the extensive collaborative bargaining process and the main features of the Agreement. He submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Treasury Casino & Hotel Enterprise Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 5 September 2013 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE403625  PR541079>