Burswood Resort (Management) Limited T/A Crown Perth

Case [2023] FWCA 621


[2023] FWCA 621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burswood Resort (Management) Limited T/A Crown Perth

(AG2022/5567)

Crown Perth & UWU Hospitality Enterprise Agreement 2022

Hospitality industry

DEPUTY PRESIDENT EASTON

SYDNEY, 24 FEBRUARY 2023

Application for approval of the Crown Perth & UWU Hospitality Enterprise Agreement 2022.

  1. Burswood Resort (Management) Limited T/A Crown Perth (the Employer) has made an application for the approval of the Crown Perth & UWU Hospitality Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

  1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

  1. The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519317 PR751181>

Annexure A

Details
AGLC
Burswood Resort (Management) Limited T/A Crown Perth [2023] FWCA 621
Case
[2023] FWCA 621
Decision Date

CaseChat Overview and Summary

Burswood Resort (Management) Limited, trading as Crown Perth, applied for approval of the Crown Perth & UWU Hospitality Enterprise Agreement 2022. The Fair Work Commission heard the application, with the Union of Shop, Distributive and Allied Employees (UWU) supporting the agreement. The application concerned the terms and conditions of employment for certain employees within the hospitality sector at Crown Perth.

The primary legal issue before the Commission was whether the agreement provided for the fair and equitable treatment of employees, complied with the Fair Work Act 2009, and met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The Commission had to assess the agreement's provisions, including wages, hours of work, leave entitlements, and other employment conditions, to determine if they were consistent with relevant legislative and regulatory frameworks.

After considering the evidence presented by both parties, the Fair Work Commission found that the Crown Perth & UWU Hospitality Enterprise Agreement 2022 met the necessary criteria for approval. The Commission determined that the agreement provided for fair and equitable terms and conditions of employment, was consistent with the objectives of the Fair Work Act, and was in the best interests of the employees. The Commission approved the agreement, highlighting its balanced approach and the satisfactory outcomes for both employers and employees.

The Commission's decision approved the Crown Perth & UWU Hospitality Enterprise Agreement 2022, which would now govern the employment conditions for the relevant employees within the hospitality sector at Crown Perth. The agreement was set to take effect from the date of approval, ensuring that the terms and conditions of employment were fair and equitable for all parties involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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