Crown Perth

[2013] FWCA 6138

[2013] FWCA 6138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Crown Perth
(AG2013/2267)

HOSPITALITY SECTOR WA UNITED VOICE - CROWN PERTH ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 28 AUGUST 2013

Application for approval of the Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Crown Perth (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’). The Agreement is to cover 3937 employees who are employed at the applicant’s casino in Perth, Western Australia and who are eligible to be members of the Union. It does not cover supervisory, managerial, highly technical or clerical roles. 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 31 January 2013, and voting for the Agreement’s approval took place on 25 - 28 July 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot conducted by the Western Australian Electoral Commission, 1004 of the 1110 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 7 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Thoran, Employee Relations Advisor, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Thoransaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Modern Award, including slightly less beneficial penalty rates. However, higher base rates of pay mean employees are paid a higher dollar amount per hour for most classifications. The Agreement also provides for higher night penalties. Rates of pay are to be increased by 4% on 1 July 2013 and 1 July 2014 and by 3.5% on 1 July 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 4.2 and 4.1 respectively, and a disputes resolution procedure at clause 3.1 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 August 2013, Ms L Thoran and Ms J Lamborn appeared for the applicant and Mr B Palmer appeared for the Union. 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. Ms Lamborn 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. She said that although voter turnout for the Agreement may have been comparatively low due to the busy shiftworker environment of the workplace, of those who voted, approximately 90% supported the approval of the Agreement. Mr Palmer supported these submissions.

[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 Hospitality Sector WA United Voice - Crown Perth Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 23 August 2013 and have a nominal expiry date of 30 September 2016.

DEPUTY PRESIDENT

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