Crown Melbourne Limited T/A Crown Casino

Case [2023] FWCA 469


[2023] FWCA 469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Melbourne Limited T/A Crown Casino

(AG2023/1)

Crown Melbourne Limited (Area Managers, Security Managers, Gaming Supervisors and Trainers, and Surveillance Team Employees) Enterprise Agreement 2022

Hospitality industry

DEPUTY PRESIDENT BELL

MELBOURNE, 15 FEBRUARY 2023

Application for approval of the Crown Melbourne Limited (Area Managers, Security Managers, Gaming Supervisors and Trainers, and Surveillance Team Employees) Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Crown Melbourne Limited (Area Managers, Security Managers, Gaming Supervisors and Trainers, and Surveillance Team Employees) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Crown Melbourne Limited T/A Crown Casino. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 15 February 2023 and, in accordance with s.54 of the Act, will operate from 22 February 2023. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519183  PR750611>

Details
AGLC
Crown Melbourne Limited T/A Crown Casino [2023] FWCA 469
Case
[2023] FWCA 469
Decision Date

CaseChat Overview and Summary

The case involves Crown Melbourne Limited, trading as Crown Casino, which sought approval of its Enterprise Agreement 2022, which covers area managers, security managers, gaming supervisors and trainers, and surveillance team employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the statutory requirements for approval and if it was in the best interests of the employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, including the requirement for fair and reasonable terms, and if it provided for fair and reasonable processes for the resolution of workplace disputes. The Commission also needed to consider if the agreement adequately covered the terms and conditions of employment for the relevant employees and if it was fair and reasonable in all its circumstances.

The Fair Work Commission found that the proposed Enterprise Agreement 2022 complied with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for leave, penalties, and dispute resolution mechanisms. The Commission also found that the agreement was fair and reasonable in all its circumstances, taking into account the nature of the work performed by the employees and the bargaining power of the parties. The Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Crown Melbourne Limited (Area Managers, Security Managers, Gaming Supervisors and Trainers, and Surveillance Team Employees) Enterprise Agreement 2022 to be registered. This decision ensures that the agreement will now be the basis for the terms and conditions of employment for the relevant employees at Crown Melbourne Limited.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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