Crown Melbourne Limited

[2013] FWCA 9542

[2013] FWCA 9542

FAIR WORK COMMISSION

DECISION

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

Crown Melbourne Limited
(AG2013/11582)

CROWN MELBOURNE LIMITED ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 DECEMBER 2013

Application for approval of the Crown Melbourne Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Crown Melbourne Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Crown Melbourne Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’). The Agreement is to cover 4575 employees who are engaged in hospitality roles at the applicant’s casino in Melbourne, Victoria. I note that the Agreement does not cover employees engaged in engineering and maintenance trade qualified roles or those covered by the Crown Melbourne Limited (Table Games Area Managers) Enterprise Agreement 2012. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 1 May 2013, and voting for the Agreement’s approval took place between 7 and 12 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot conducted by the Australian Electoral Commission, 1761 of the 2321 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms A Gleeson, Executive General Manager - Human Resources, identified the Hospitality Industry (General) Award 2010 [MA000009], the Live Performance Award 2010 [MA000081] and the Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 [AP783479] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Gleesonsaid that the Agreement provided for some conditions that were less beneficial than those under the reference instruments, including provision for conversion from casual to full time or part time employment after a 24 month period of regular casual employment, a smaller list of nominated superannuation funds and higher duties payment after an employee has worked for four hours or more in that higher capacity. However, the Agreement provides for a wide range of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including base rates of pay which are at least 25% higher than those under the reference instruments, flexibility to annual leave entitlements, staff canteen meals and the recognition of New Year’s Eve as a public holiday. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 24 respectively, and a disputes resolution procedure at clause 29 provides for conciliation and arbitration by the Commission or an independent third party.

[4] At a hearing of the application on 4 December 2013, Ms A Gleeson appeared with Ms K Ferraro,appeared for the applicant and Ms E Keogh for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Gleeson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay under the Agreement are to be increased by 4% on 1 July 2013, 14 July 2014 and 13 July 2015. At the time of the hearing, the applicant was proposing to backpay the increase due on 1 July 2013 in the next pay period. Ms Keogh, who was involved in the negotiations for the Agreement, supported the applicant’s submissions, particularly noting that the Agreement met the BOOT.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Crown Melbourne Limited Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 11 December 2013 and have a nominal expiry date of 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE405698  PR545342>