DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Melbourne Limited T/A Crown
(AG2019/2627)

CROWN MELBOURNE LIMITED (TABLE GAMES & CAGE AREA MANAGERS, SECURITY SERVICES MANAGERS AND SURVEILLANCE TEAM) ENTERPRISE AGREEMENT 2018

Hospitality industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Crown Melbourne Limited (Table Games & Cage Area Managers, Security Services Managers and Surveillance Team) Enterprise Agreement 2018.

[1] Crown Melbourne Limited (the Employer) has made an application for approval of an enterprise agreement known as the Crown Melbourne Limited (Table Games & Cage Area Managers, Security Services Managers and Surveillance Team) Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 September 2019 and, in accordance with s 54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Crown Melbourne Limited T/A Crown, the Fair Work Commission was asked to consider the approval of an enterprise agreement. The agreement, which was proposed by Crown Melbourne, sought to govern the terms and conditions of employment for table games and cage area managers, security services managers, and the surveillance team. The application for approval was made by Crown Melbourne, and the dispute was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the statutory requirements for approval. These included whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms, and whether it complied with procedural requirements. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered, including whether it provided appropriate protections and benefits.

The Commission examined the evidence and submissions provided by both parties, assessing the genuineness of the negotiations and the compliance of the agreement with statutory provisions. The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms. It also determined that the procedural requirements were met and that the agreement was in the best interests of the employees, providing fair and reasonable terms that balanced the needs of both the employer and the employees. Based on this analysis, the Commission approved the proposed enterprise agreement.

The Fair Work Commission's decision to approve the Crown Melbourne Limited (Table Games & Cage Area Managers, Security Services Managers and Surveillance Team) Enterprise Agreement 2018 was made on the basis that the agreement met all statutory requirements and was in the best interests of the employees. The Commission's final order was that the agreement be approved and registered with the Fair Work Commission.

Crown Melbourne Limited T/A Crown

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established