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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Crown Sydney Gaming Pty Ltd, trading as Crown Sydney, and the Australian Council of Trade Unions (ACTU). The dispute centred around the approval of the Crown Sydney Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with assessing the application to approve the agreement. The legal issues the court had to resolve were whether the agreement was made in accordance with the Fair Work Act 2009 and whether it met the requirements for being a protected action under the Act. The FWC needed to determine if the agreement had been fairly negotiated and if it contained all necessary terms and conditions of employment.

The FWC examined the process by which the agreement was negotiated, considering the bargaining power of the parties and the fairness of the outcome. The court also assessed whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether it complied with the good faith bargaining provisions. The FWC determined that the agreement had been fairly negotiated and that it contained all necessary terms. The court found that the application met the legal requirements for approval and was a protected action under the Act.

The FWC approved the Crown Sydney Enterprise Agreement 2020, confirming that it complied with the necessary legal standards. The FWC's decision was based on the evidence provided, which demonstrated that the agreement was the result of good faith negotiations and contained all required terms. The final orders included the approval of the enterprise agreement and the certification of its terms and conditions as binding on the parties involved.

Crown Sydney Gaming Pty Ltd t/a Crown Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established