DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burswood Resort (Management) Limited T/A Crown Perth
(AG2018/4587)

CROWN PERTH, CFMMEU, CEPU – PROPERTY SERVICES ENTERPRISE AGREEMENT 2018

Hospitality industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 JANUARY 2019

Application for approval of the Crown Perth, CFMMEU, CEPU – Property Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Crown Perth, CFMMEU, CEPU – Property Services Enterprise Agreement 2018 (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.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burswood Resort (Management) Limited T/A Crown Perth applied to the Fair Work Commission for approval of the Property Services Enterprise Agreement 2018 with the Construction, Forestry, Maritime, Mining and Energy Union and the Communication, Electrical and Plumbing Union. The agreement covered employees of Crown Perth who were engaged in property services roles. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable.

The court needed to determine if the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. This included assessing whether the agreement contained minimum terms and conditions, was free from prohibited content, and was appropriate for the bargaining unit. Additionally, the court examined whether the agreement was procedurally sound, having been negotiated in good faith and properly certified.

The Fair Work Commission approved the agreement after finding that it met all the statutory requirements. The court was satisfied that the agreement was genuinely negotiated, contained the necessary minimum terms, and was free from prohibited content. The agreement was also found to be appropriate for the bargaining unit and had been negotiated in good faith. The commission confirmed that the agreement was fair and reasonable, thus meeting all criteria for approval under the Fair Work Act.

The final orders of the Fair Work Commission were that the Property Services Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. This approval allowed the agreement to be enforced as a binding contract between the parties involved.

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