| [2022] FWCA 2328 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Crown Melbourne Limited T/A Crown Casino
(AG2022/2099)
Crown Melbourne Limited (Gaming Machines, Table Games, and Cage Area Managers, Security Services Managers, and Surveillance Operators) Enterprise Agreement 2022
| Hospitality industry | |
| COMMISSIONER SPENCER | BRISBANE, 13 JULY 2022 |
Application for approval of the Crown Melbourne Limited (Gaming Machines, Table Games, and Cage Area Managers, Security Services Managers, and Surveillance Operators) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Crown Melbourne Limited (Gaming Machines, Table Games, and Cage Area Managers, Security Services Managers, and Surveillance Operators) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Crown Melbourne Limited T/A Crown Casino (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2022. The nominal expiry date of the Agreement is 30 June 2022.
COMMISSIONER
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- AGLC
- Crown Melbourne Limited T/A Crown Casino [2022] FWCA 2328
- Case
- [2022] FWCA 2328
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed enterprise agreement provided fair and reasonable terms and conditions for the employees covered by the agreement and whether it complied with the procedural requirements of the Fair Work Act 2009. The Commission needed to consider the balance of rights and obligations, procedural fairness, and the overall fairness of the agreement.
In reaching its decision, the Commission assessed the enterprise agreement in the context of the legislative framework provided by the Fair Work Act 2009. The Commission considered the provisions of the agreement, the bargaining process, and the submissions made by the parties. It also took into account the principles of procedural fairness and the need for the agreement to provide fair and reasonable terms and conditions. The Commission determined that the proposed enterprise agreement met the requirements of the Act and granted the application for approval.
The Commission made orders approving the enterprise agreement, subject to certain conditions and provisions. The agreement was approved as a registered agreement, which means that it will be registered with the Fair Work Commission and will have legal effect from the date of registration. The orders also included provisions for the agreement to be subject to certain reporting and review requirements.
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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