DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Burswood Resort (Management) Ltd T/A Crown Perth
(AG2019/5067)

HOSPITALITY SECTOR WA UNITED WORKERS UNION - CROWN PERTH ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER WILLIAMS	PERTH, 21 FEBRUARY 2020

Application for approval of the Hospitality Sector WA United Workers Union - Crown Perth Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hospitality Sector WA United Workers Union - Crown Perth Enterprise Agreement 2019 (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) Ltd T/A Crown Perth. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by Burswood Resort (Management) Ltd T/A Crown Perth, seeking approval of the Hospitality Sector WA United Workers Union - Crown Perth Enterprise Agreement 2019. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009 and its associated regulations. Specifically, the union argued that the agreement was necessary to improve the working conditions of its members, while Crown Perth contended that certain provisions of the agreement were unfair and not in the best interests of the employees.

The legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it allowed for genuine freedom of association. Additionally, the Commission needed to determine if any provisions of the agreement were contrary to public policy or could be considered to be undermining the fundamental rights of the employees.

The Fair Work Commission found that while the agreement contained some provisions that were fair and reasonable, there were also elements that did not meet the legislative standards. The Commission determined that certain clauses relating to penalty rates and shift allowances were unfair, as they did not provide adequate protections for the employees. The Commission also found that some provisions undermined the employees' right to freedom of association. However, the Commission recognised the overall intent of the agreement was to improve working conditions and balance the interests of both parties. After making the necessary amendments to ensure compliance with the Fair Work Act, the Commission approved the agreement for registration.

The Commission ordered that the Hospitality Sector WA United Workers Union - Crown Perth Enterprise Agreement 2019 be registered with the modifications made to ensure compliance with the Fair Work Act. The union and Crown Perth were directed to notify all affected employees of the changes and to implement the amended agreement within a specified timeframe. The decision highlighted the importance of achieving a fair balance between the rights of employers and employees while ensuring compliance with the relevant legislation.

Burswood Resort (Management) Ltd 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