Crown Melbourne Limited

Case

[2024] FWCA 819

6 MARCH 2024


[2024] FWCA 819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Melbourne Limited

(AG2024/480)

CROWN MELBOURNE LIMITED ENTERPRISE AGREEMENT 2023

Hospitality industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 6 MARCH 2024

Application for approval of the Crown Melbourne Limited Enterprise Agreement 2023

  1. Crown Melbourne Limited has made an application for approval of an enterprise agreement known as the Crown Melbourne Limited Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the UWU.

  1. The Agreement was approved on 6 March 2024.

DEPUTY PRESIDENT
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