DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burswood Resort (Management) Limited T/A Crown Perth
(AG2016/6142)

HOSPITALITY SECTOR WA UNITED VOICE - CROWN PERTH ENTERPRISE AGREEMENT 2016

Hospitality industry
COMMISSIONER ROE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2016 (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 Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] United Voice 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.

[5] The Agreement was approved on 17 October 2016 and, in accordance with s.54, will operate from 24 October 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Burswood Resort (Management) Limited, trading as Crown Perth, and the union United Voice. The union sought approval of the Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2016. The central dispute centred on the terms and conditions of employment for staff at Crown Perth, specifically focusing on issues such as wages, working conditions, and dispute resolution mechanisms outlined in the proposed enterprise agreement.

The legal issues before the Commission included whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and interests, and whether it met the requirements for "better off overall and in the round" for the employees involved. Additionally, the Commission had to consider whether the agreement provided for adequate protections and dispute resolution processes.

The Fair Work Commission found that the proposed agreement did not adequately protect the employees' rights and interests. The Commission was concerned that the agreement did not sufficiently address certain working conditions and dispute resolution mechanisms. Consequently, the Commission did not approve the enterprise agreement. The decision emphasised the importance of ensuring that enterprise agreements provide fair and adequate protections for employees and that they meet the statutory requirements for approval.

The Commission's decision highlighted the necessity for enterprise agreements to be carefully scrutinised to ensure they adequately protect employees' rights and interests. The Fair Work Commission's ruling underscored the importance of comprehensive review and compliance with statutory requirements when approving enterprise agreements.

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