Crown Melbourne Limited T/A Crown Casino

Case [2022] FWCA 2328


[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

  1. 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.

  1. 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.

  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 UWU.

  1. 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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Details
AGLC
Crown Melbourne Limited T/A Crown Casino [2022] FWCA 2328
Case
[2022] FWCA 2328
Decision Date

CaseChat Overview and Summary

The case involved Crown Melbourne Limited, trading as Crown Casino, and the Fair Work Commission. The dispute arose from an application for the approval of the Crown Melbourne Limited (Gaming Machines, Table Games, and Cage Area Managers, Security Services Managers, and Surveillance Operators) Enterprise Agreement 2022. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

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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