Crown Melbourne Limited T/A Crown Casino

[2024] FWCA 3142

[2024] FWCA 3142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Crown Melbourne Limited T/A Crown Casino

(AG2024/2726)

CROWN MELBOURNE LIMITED SENIOR MANAGEMENT ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 30 AUGUST 2024

Application for approval of the Crown Melbourne Limited Senior Management Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Crown Melbourne Limited Senior Management Enterprise Agreement 2024 (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 T/A Crown Casino. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 4 December 2023 and the Agreement was made on 7 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The Employer has provided written undertakings. Copies of the undertakings are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

1. The United Workers Union, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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