Crown Melbourne Limited T/A Crown Casino

[2020] FWCA 1802

[2020] FWCA 1802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Melbourne Limited T/A Crown Casino
(AG2020/237)

CROWN MELBOURNE LIMITED ENTERPRISE AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 APRIL 2020

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

[1] Crown Melbourne Limited (the Employer) has made an application for approval of an enterprise agreement known as the Crown Melbourne Limited Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Agreement as lodged did not include pages 104 and 105 (Missing Pages). A copy of the Missing Pages was provided on 20 March 2020. A statutory declaration was provided on 31 March 2020 confirming that the Missing Pages were not included upon lodgement due to an administrative error. The statutory declaration further confirmed that the Agreement, as provided to the employees, was inclusive of the Missing Pages. I am satisfied that it is appropriate to include the Missing Pages in the Agreement pursuant to s.586 of the Act.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 April 2020 and, in accordance with s 54, will operate from 10 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A