Crown Melbourne Limited Summary

[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

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.

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.

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.

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.

The Agreement was approved on 6 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Melbourne Limited sought approval of a proposed enterprise agreement, which would affect the working conditions of its employees. The application was brought before the Fair Work Commission, Australia's workplace relations tribunal. The proposed agreement, if approved, would govern various aspects of employment, including wages, working hours, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement provided for the fair and reasonable terms and conditions of employment, as required under the Fair Work Act 2009. The Commission had to assess whether the agreement met the "better off overall test", which ensures that employees would not be worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the Commission examined whether the agreement was made in good faith and whether it complied with the provisions of the Act.

The Commission found that the proposed agreement was fair and reasonable, meeting the better off overall test. The agreement provided for fair compensation and improved working conditions for the employees, while also ensuring that the business operations of Crown Melbourne Limited could be effectively managed. The Commission concluded that the agreement was made in good faith and was compliant with the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement.

The final orders included the approval of the Crown Melbourne Limited Enterprise Agreement 2023, which would now govern the terms and conditions of employment for the relevant employees. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement.

Crown Melbourne Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established