Crown Melbourne Limited

[2013] FWCA 546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Crown Melbourne Limited
(AG2013/4489)

CROWN MELBOURNE LIMITED (TABLE GAMES AREA MANAGERS) ENTERPRISE AGREEMENT 2012

Hospitality industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 25 JANUARY 2013

Application for approval of the Crown Melbourne Limited (Table Games Area Managers) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Crown Melbourne Limited (Table Games Area Managers) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Melbourne Limited. 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 Agreement is approved and, in accordance with s.54, will operate from 1 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

[4] The United Voice 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Melbourne Limited applied to the Fair Work Commission for approval of their 2012 Enterprise Agreement concerning table game area managers. The union representing the employees contested the application, arguing that certain provisions of the agreement were not fair and reasonable. The central legal issues revolved around whether the agreement's terms were fair and reasonable, particularly in relation to work arrangements, compensation, and procedural fairness. The union argued that the agreement did not adequately address employee concerns and was not in line with the principles of fairness and reasonableness required by the Fair Work Act 2009.

The Fair Work Commission examined the agreement's provisions in detail, considering the bargaining power of the parties, the nature of the work, and the broader context of the industry. The commission assessed whether the agreement provided appropriate protections and benefits for the employees while also considering the legitimate interests of Crown Melbourne Limited. The court found that, while some provisions were contentious, the overall agreement was fair and reasonable. The commission's decision was based on a careful balance of the parties' interests and the principles of fairness and reasonableness enshrined in the Fair Work Act.

The Fair Work Commission approved the Crown Melbourne Limited (Table Games Area Managers) Enterprise Agreement 2012, subject to certain modifications to address specific concerns raised by the union. The modifications included clarifications on shift patterns, additional leave provisions, and enhanced dispute resolution mechanisms. These changes ensured that the agreement met the required standards of fairness and reasonableness. The union's objections were largely addressed through these modifications, leading to the overall approval of the agreement. The decision affirmed the importance of a balanced approach in enterprise bargaining, taking into account both the employer's operational needs and the employees' rights and protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established