Crown Sydney Gaming Pty Ltd t/a Crown Sydney

[2020] FWCA 5823

[2020] FWCA 5823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Sydney Gaming Pty Ltd t/a Crown Sydney
(AG2020/2921)

CROWN SYDNEY ENTERPRISE AGREEMENT 2020

Hospitality industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the Crown Sydney Enterprise Agreement 2020.

[1] Crown Sydney has applied for approval of a greenfields agreement known as the Crown Sydney Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Crown Sydney sought to correct two typographical errors in the original application, by filing an amended agreement page. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative supported 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with United Workers’ Union and that the Agreement covers the organisation.

[7] The Agreement is approved on 5 November 2020 and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A