HUNTER LEISURE PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Application for approval of the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2025

[1] Hunter Leisure Pty Ltd trading as Hunter Leisure (the Employer) has made an application for approval of an enterprise agreement known as the Hunter Leisure Pty Ltd and United Workers Union Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Storage Services and Wholesale Award 2020 (the Award).

Inconsistency with the National Employment Standards (NES)

[3] The Commission raised the following issues with the Employer which are relevant to whether the Agreement is inconsistent with NES:

1. Clause 17.1.4.3 of the Agreement provides that casual workers transitioning to full-time employment will be based on a grading system and not on years of service. This is inconsistent with s.66B(1)(b) of the Act, which provides that an employee is entitled to request conversion when they have completed at least six months service.

2. Clause 19.2.4 of the Agreement provides that in the case of termination, if employees do not give notice, the Employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received. This clause does not appear to limit the source of monies which may be deducted, permitting the employer to withhold monies owing to the employee under the NES, inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

3. Clause 42.1 of the Agreement states that any leave taken under family and domestic violence leave will be unpaid with an entitlement of 5 days in a 12 month period. This is inconsistent with s.106A of the Act which provides 10 days of paid family and domestic violence leave in a 12 month period.

4. Appendix A - Subsection C of the Agreement provides for compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies however it is silent in relation to compassionate leave for stillbirth or miscarriage as provided by s.104(1)(b) and (c) of the Act.

[4] The Employer provided written undertakings to address the above NES issues. A copy of the undertakings is attached in Schedule 1 of the Agreement. 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.

[5] 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.

[6] The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[7] In accordance with s.201(2), I note that the Agreement covers the UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2026. The nominal expiry date of the Agreement is 1 July 2028.

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