DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Melbourne Limited T/A Crown Casino
(AG2020/1052)

CROWN MELBOURNE LIMITED PROPERTY SERVICES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 JUNE 2020

Application for approval of the Crown Melbourne Limited Property Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Crown Melbourne Limited Property Services Enterprise Agreement 2019 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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.

[3] Subject to the undertakings referred to above, 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] The Form F18 Statutory Declaration filed by The Construction, Forestry, Maritime, Mining and Energy Union on 16 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Crown Melbourne Limited, trading as Crown Casino, sought approval for the Crown Melbourne Limited Property Services Enterprise Agreement 2019. The applicant's employees, represented by the United Voice union, objected to the proposed agreement, raising concerns about its provisions. The primary legal issues revolved around whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 and whether it was appropriately certified by the relevant union.

The Commission examined the procedural correctness of the union's certification of the agreement, considering the union's compliance with the relevant provisions of the Act. It also evaluated whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act, and whether it was fair and reasonable. After reviewing the submissions and evidence, the Commission determined that the agreement was certified correctly and contained the required minimum terms. It found that the agreement was fair and reasonable, taking into account the need for flexibility in the industry and the interests of the employees.

Accordingly, the Commission approved the Crown Melbourne Limited Property Services Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the agreement is legally binding and enforceable between the applicant and the employees covered by the agreement.

Crown Melbourne Limited T/A Crown Casino

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established