Burswood Nominees Ltd t/as Crown Perth

[2014] FWCA 5807

[2014] FWCA 5807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Burswood Nominees Ltd t/as Crown Perth
(AG2014/8597)

CROWN PERTH, CFMEU, CEPU - PROPERTY SERVICES ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 AUGUST 2014

Application for approval of the Crown Perth, CFMEU, CEPU - Property Services Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Burswood Nominees Ltd t/as Crown Perth (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Crown Perth, CFMEU, CEPU - Property Services Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Construction, Forestry, Mining and Entergy Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (collectively, the ‘Unions’). The Agreement is to cover 40 employees who are employed as maintenance employees at the applicant’s casino and entertainment complex in Burswood, Western Australia. 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 20 January 2014, and voting for the Agreement’s approval took place between 23 and 28 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 25 of the 37 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms A Jones, Human Resources Manager identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’):

● Hospitality Industry (General) Award 2010 [MA000009];
● Joinery and Building Trades Award 2010 [MA000029];
● Manufacturing and Associated Industries and Occupations Award 2010 [MA000010];
● Plumbing and Fire Sprinklers Award 2010 [MA000036];
● Burswood Hotel (Maintenance Employees’) Award, 1990 [AN160040]; and
● Burswood Island Resort (Maintenance Employees’) Award No. A 22 of 1986 [AN160042].

[4] Ms Jonessaid that the Agreement provides for a number of conditions that are in excess of or more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher base rates of pay, a more generous electrical and plumbing license allowance and an entitlement for Union delegates to receive five days of paid training leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 6 respectively, and a disputes resolution procedure at clause 18 provides for conciliation and arbitration by the Commission.

[5] At a hearing of the application on 21 August 2014, Ms J Lamborn appeared with Mr D Kucan for the applicant and Ms N Ireland for the CEPU. The CFMEU did not appear, but both Unions filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wished to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement. Mr Kucan outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the rates of pay are to be increased by 3% on 1 July 2014, 1 July 2015, 1 July 2016 and 1 July 2017 and by 1% on 1 January 2015, 1 January 2016, 1 January 2017 and 1 January 2018. Ms Ireland supported the submissions of the applicant and confirmed that the CEPU supported the Agreement.

[6] 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 Crown Perth, CFMEU, CEPU - Property Services Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 28 August 2014 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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