Crown Melbourne Limited

[2024] FWCA 812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Melbourne Limited

(AG2024/471)

CROWN MELBOURNE LIMITED SURVEILLANCE AND MANAGEMENT ENTERPRISE AGREEMENT 2023

Hospitality industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MARCH 2024

Application for approval of the Crown Melbourne Limited Surveillance and Management Enterprise Agreement 2023

Crown Melbourne Limited has made an application for approval of an enterprise agreement known as the Crown Melbourne Limited Surveillance and Management 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, a gaming and entertainment company, sought approval of the Crown Melbourne Limited Surveillance and Management Enterprise Agreement 2023, under the Fair Work Act 2009. The application was before the Fair Work Commission, which is tasked with regulating the Australian industrial relations system. The nature of the dispute was centred on whether the proposed enterprise agreement complied with the statutory requirements set forth in the Fair Work Act and whether it met the criteria for being approved as a single-employer agreement.

The legal issues that the Commission was required to address involved scrutinising the agreement's provisions to determine if they adhered to the procedural and substantive fairness standards mandated by the legislation. This included ensuring that the agreement provided for fair terms and conditions of employment, covered all relevant employees, and was not detrimental to the broader workforce. Additionally, the Commission examined whether the agreement had been made in good faith and whether the process of its negotiation and conclusion was appropriate.

In rendering its decision, the Fair Work Commission found that the Crown Melbourne Limited Surveillance and Management Enterprise Agreement 2023 was compliant with the requirements of the Fair Work Act. The Commission acknowledged the negotiation process was conducted in good faith, and the terms of the agreement were fair and reasonable. The Commission approved the application, emphasising the importance of balancing the rights and interests of employers and employees under the Fair Work Act. The approval signifies that the agreement can now be implemented as a binding contract between the employer and the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established