Crown Sydney Gaming Pty Ltd T/A Crown Sydney

Case

[2024] FWCA 2257

18 JUNE 2024


[2024] FWCA 2257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

(AG2024/1642)

CROWN SYDNEY ENTERPRISE AGREEMENT 2023

Hospitality industry

DEPUTY PRESIDENT ROBERTS

SYDNEY, 18 JUNE 2024

Application for approval of the Crown Sydney Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Crown Sydney Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Sydney Gaming Pty Ltd T/A Crown Sydney (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

  1. I note that Clause 4.3 of the Agreement provides that should any term of this Agreement be less favourable to the Employees than the National Employment Standards (NES), the NES will prevail over the term of this Agreement to the extent that the term of this Agreement is less favourable, provided that this Agreement may include terms which are incidental to the operation of the NES.

  1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525087  PR776146>

Annexure A

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