Burswood Resort (Management) Limited

[2025] FWCA 621

[2025] FWCA 621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burswood Resort (Management) Limited

(AG2024/5218)

CROWN PERTH – ENGINEERING & FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2024 – 2027

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Crown Perth – Engineering & Facilities Management Enterprise Agreement 2024 – 2027

1. An application has been made for approval of an enterprise agreement known as the Crown Perth – Engineering & Facilities Management Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burswood Resort (Management) Limited. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 8.6 – Termination by the Company Without Notice

·           Clause 15.1(f) and (g) – Right to Request Flexible Working Arrangements

1. However, noting clause 3.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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