DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burswood Resort (Management) Limited T/A Crown Perth
(AG2021/6769)

CROWN PERTH, CFMMEU, CEPU - PROPERTY SERVICES ENTERPRISE AGREEMENT 2021

Hospitality industry
COMMISSIONER MCKINNON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Crown Perth, CFMMEU, CEPU - Property Services Enterprise Agreement 2021.

[1] Burwood Resort (Management) Limited t/a Crown Perth has applied for approval of a single enterprise agreement known as the Crown Perth, CFMMEU, CEPU - Property Services Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

[5] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Burswood Resort (Management) Limited, trading as Crown Perth, to have the Fair Work Commission approve the Property Services Enterprise Agreement 2021. The agreement was between Crown Perth and two unions, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communication, Electrical and Plumbing Union (CEPU). The unions represented employees within the property services sector at Crown Perth. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement fulfilled the statutory criteria for being a "single, clear and comprehensive" enterprise agreement. This meant that the agreement had to cover all employees and matters specified in the agreement, and it had to comply with the procedural requirements for certification. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions. Further, the Commission was required to assess whether the agreement was consistent with the relevant national employment standards and whether it complied with the process set out in the Fair Work Act.

The Commission found that the agreement was comprehensive, clear and met the criteria for a single enterprise agreement. It covered all employees within the property services sector at Crown Perth and addressed all the specified matters. The agreement was also found to be procedurally valid, having been negotiated in good faith and with appropriate consultation. The Commission considered that the agreement provided fair and reasonable terms and conditions and was in the best interests of the employees. It was consistent with the relevant national employment standards and complied with the process set out in the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Property Services Enterprise Agreement 2021 between Burswood Resort (Management) Limited, trading as Crown Perth, and the CFMMEU and CEPU. The agreement was deemed to be a single, clear and comprehensive enterprise agreement that met all statutory requirements under the Fair Work Act 2009. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and was in their best interests. The agreement was consistent with the relevant national employment standards and complied with the process set out in the Fair Work Act.

Burswood Resort (Management) Limited T/A Crown Perth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established