Burswood Resort (Management) Limited T/A Crown Perth

[2024] FWCA 2343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burswood Resort (Management) Limited T/A Crown Perth

(AG2024/2069)

CROWN PERTH & UWU HOSPITALITY ENTERPRISE AGREEMENT 2023

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2024

Application for approval of the Crown Perth & UWU Hospitality Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Crown Perth & UWU Hospitality Enterprise Agreement 2023 (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 T/A Crown Perth. The Agreement is a single enterprise agreement.

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.

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.

The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burswood Resort (Management) Limited, trading as Crown Perth, applied for the approval of the Crown Perth & UWU Hospitality Enterprise Agreement 2023. The dispute was heard in the Fair Work Commission, where the matter of whether the proposed enterprise agreement should be approved was under scrutiny. The Unions United Waterfront Workers (UWU) sought approval of the agreement, while the employer, Crown Perth, supported the application. The crux of the dispute lay in the terms and conditions set forth in the agreement, including wages, working hours, and other employment-related provisions.

The legal issues before the Commission involved the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" and if it contained the required minimum terms and conditions as stipulated by the Act. The fairness and reasonableness of the agreement, as well as its compliance with the procedural fairness requirements, were also scrutinized.

The Fair Work Commission found that the proposed agreement met the better off overall test, as it provided for a range of benefits to the employees that outweighed any potential detriments. The Commission also determined that the agreement contained the necessary minimum terms and conditions and was fair and reasonable in its entirety. The procedural fairness requirements were satisfied, as the bargaining process had been conducted in a manner that allowed for genuine negotiation between the parties. Accordingly, the Commission approved the Crown Perth & UWU Hospitality Enterprise Agreement 2023.

The Commission's decision was based on the thorough evaluation of the agreement and its compliance with the statutory requirements. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees are legally binding and that both parties are bound by the agreed-upon provisions. The decision provides certainty and stability for the employees and the employer in their respective roles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established