Work Relations

[2021] FWCA 6609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Work Relations
(AG2021/7723)

THE STAR SYDNEY ENTERPRISE AGREEMENT 2021

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 9 NOVEMBER 2021

Application for approval of the The Star Sydney Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the The Star Sydney Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the United Workers’ Union (UWU) being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved an application for the approval of the The Star Sydney Enterprise Agreement 2021. The applicant, The Star Sydney, sought the court's endorsement of the agreement, which was proposed to govern the employment terms and conditions for its employees. The dispute arose due to the need for judicial oversight to ensure the agreement met the legal requirements and was fairly negotiated. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The legal issues central to this case were whether the proposed enterprise agreement complied with the statutory prerequisites for approval, including whether it was fairly negotiated and met the "better off overall test". The court had to examine if the agreement provided employees with a fair and effective means of addressing their workplace issues and whether it offered conditions at least as good as the applicable award or national employment standards. Additionally, the court assessed whether the agreement contained provisions that were not genuinely bargained for and if it was appropriately certified by an accredited bargaining representative.

In determining the application, the court meticulously reviewed the negotiation process and the content of the proposed agreement. It found that the agreement was genuinely negotiated and met the statutory requirements. The court was satisfied that the agreement provided employees with adequate mechanisms to address workplace issues and that it contained terms that were at least as good as the relevant award or national employment standards. The court also confirmed that all provisions of the agreement were genuinely bargained for and that the certification was properly issued. Consequently, the court approved the application, endorsing the agreement for implementation.

The court's final orders included the approval of the The Star Sydney Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions of the employees at The Star Sydney, subject to any subsequent amendments or variations that might be agreed upon or determined by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established