DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Melbourne Limited T/A Crown Casino
(AG2015/6809)

CROWN MELBOURNE LIMITED (TABLE GAMES & CAGE AREA MANAGERS) ENTERPRISE AGREEMENT 2015

Hospitality industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2015

Application for approval of the Crown Melbourne Limited (Table Games & Cage Area Managers) Enterprise Agreement 2015.

[1] On 30 November 2015, Crown Melbourne Limited (Applicant) made an application for approval of the Crown Melbourne Limited (Table Games & Cage Area Managers) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 30 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crown Melbourne Limited, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for table games and cage area managers within the casino. The matter was heard in the Fair Work Commission, which has jurisdiction over employment matters under Australian labour law.

The central legal issues were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for the proper treatment of employees, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, while the respondent, the union representing the employees, contended that certain provisions were not in the best interests of the employees.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the overall economic circumstances. The Commission concluded that the agreement provided for appropriate terms and conditions of employment and that it was made in good faith and without coercion. The Commission noted that the agreement included provisions for fair treatment, adequate consultation, and mechanisms for resolving disputes, which were essential elements of a fair enterprise agreement.

The Fair Work Commission approved the Crown Melbourne Limited (Table Games & Cage Area Managers) Enterprise Agreement 2015. The agreement was registered, and the terms and conditions set out in the agreement became legally binding on the parties from the registration date. The decision reinforced the importance of fair and reasonable enterprise agreements in maintaining harmonious industrial relations in Australia.

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