Crown Sydney Gaming Pty Ltd T/A Crown Sydney Gaming

[2024] FWCA 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Sydney Gaming Pty Ltd T/A Crown Sydney Gaming

(AG2024/776)

CROWN SYDNEY TABLE GAMES AREA MANAGER ENTERPRISE AGREEMENT 2023

Hospitality industry
COMMISSIONER MCKINNON	SYDNEY, 2 APRIL 2024

Application for approval of the Crown Sydney Table Games Area Manager Enterprise Agreement 2023

Crown Sydney Gaming Pty Ltd T/A Crown Sydney Gaming has applied for approval of a single enterprise agreement known as the Crown Sydney Table Games Area Manager Enterprise Agreement 2023 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 9 April 2024. The nominal expiry date of the Agreement is 9 April 2026.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the United Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the Crown Sydney Table Games Area Manager Enterprise Agreement 2023. The applicant, Crown Sydney Gaming Pty Ltd, trading as Crown Sydney Gaming, sought approval for the agreement, which was negotiated with the Australian Services Union (ASU). The nature of the dispute revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the Court had to address were whether the agreement complied with the relevant sections of the Fair Work Act, specifically focusing on the coverage of the agreement, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. The Court also considered whether the agreement met the criteria for certification as a single-interest employer agreement, given that Crown Sydney Gaming was the sole employer party to the agreement.

The Fair Work Commission found that the Crown Sydney Table Games Area Manager Enterprise Agreement 2023 complied with all necessary statutory requirements. The agreement was deemed to cover all employees in the specified bargaining unit and was negotiated in good faith. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the employer's business. The agreement was therefore certified as a single-interest employer agreement.

The Fair Work Commission approved the application and certified the Crown Sydney Table Games Area Manager Enterprise Agreement 2023 as a single-interest employer agreement. This decision ensures that the terms and conditions outlined in the agreement will apply to the relevant employees, providing them with a legally binding framework for their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established