Crown Melbourne Limited t/a Crown Casino

[2017] FWCA 482

[2017] FWCA 482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s185 - Application for approval of a single-enterprise agreement

Crown Melbourne Limited t/a Crown Casino
(AG2016/8091)

CROWN MELBOURNE LIMITED ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 JANUARY 2017

Application for approval of the Crown Melbourne Limited Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Crown Melbourne Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Crown Melbourne Limited Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with United Voice Victoria (the ‘Union’) and is to cover employees who are engaged in hospitality roles under the Hospitality Industry – Accommodation, Hotels, Resorts and Gaming Award 1998 [AP783470CRV] as well as employees performing front-line roles (aside from those roles that are traditionally trade qualified in engineering and maintenance). The Agreement excludes managers, who are covered by a separate enterprise agreement. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 24 March 2016, and voting for the Agreement’s approval took place on 10 December 2016. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic and telephone vote, 2651 of the 2913 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 December 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms A Gleeson, Executive General Manager – Human Resources identified the Hospitality Industry (General) Award 2010 [MA000009] and the Live Performance Award 2010 [MA000081] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Gleeson said the Agreement provides for a significant number of more beneficial terms than the reference instruments, including higher rates of pay of between 30-61.5%. She said that the Agreement provides for some less beneficial terms including the Overtime and Public Holidays clauses. Rates of pay are to be increased by 3.75% in July 2017 and 2018, with the initial increase of 3.75% backdated to July 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 25 respectively, and a disputes resolution procedure at clause 30 provides for conciliation and arbitration by either the Commission or other agreed mediator.

[4] At a hearing of the application on 17 January 2017, Ms Gleeson appeared for the applicant with Ms K Ferraro, Human Resources and Mr B Redford for the Union. Ms Gleeson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Crown Melbourne Limited Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 24 January 2017 and have a nominal expiry date 1 July 2019.

DEPUTY PRESIDENT

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