Casino Ltd is a company that owns a large holiday resort on Queensland'sGold Coast. Casino Ltd employs 100 people who work in the catering, cleaning and the hospitality outlets of the resort. The company and its employees have had a history of industrial disputes involving wages and conditions. After the most recent dispute, Casino Ltd and its employees came to an agreement on 1 July 2005, under which it was agreed that all of its employees were to be paid wages and salaries that are in excess of other employees working in similar resorts in Australia.

One month after the agreement was made, a new company was incorporated which is a wholly owned subsidiary of Casino Ltd. The new company is called Caterers Ltd. It has three directors, all of whom are appointed from the board of five directors of Casino Ltd.Caterers Ltd.'s constitution had a clause which stated that all of the profits of Caterers Ltd will be distributed as dividend to Casino Ltd.Faced with the choice of an uncertain future, all 60 employees accepted the job offer with Caterers Ltd. As a result, the redundant employees no longer work under the previous 1 July 2005 contract of employment they had while working for Casino Ltd. Instead, they work under wages and conditions that are not as favourable as they had while working for Casino Ltd. However, these wages and conditions are comparable to people who work in similar industries.

Assuming that the 1 July 2005 agreement between Casino Ltd and its employees is valid and that Caterers Ltd has been validly incorporated, advice the trade union as to its chances of success in enforcing that agreement. Refer to relevant statutes and case law based on Company Law