Crown Sydney Gaming Pty Ltd T/A Crown Sydney Summary

[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

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The case involved Crown Sydney Gaming Pty Ltd, trading as Crown Sydney, which sought approval for a proposed enterprise agreement from the Fair Work Commission (FWC). The dispute centred around the terms and conditions outlined in the Crown Sydney Enterprise Agreement 2023. The FWC was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWG considered were whether the proposed agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it met the criteria for good faith bargaining and procedural fairness. The FWC also assessed whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with any relevant industry awards or agreements. Additionally, the FWC examined the process through which the agreement was negotiated to ensure it adhered to the procedural requirements set out in the Act.

The FWC determined that the Crown Sydney Enterprise Agreement 2023 provided for fair and reasonable terms and conditions for employees, including appropriate pay and conditions. The FWC found that the agreement was the product of good faith bargaining and procedural fairness. It also concluded that the agreement provided for suitable dispute resolution mechanisms and was consistent with relevant industry awards and agreements. Furthermore, the FWC confirmed that the negotiation process complied with the procedural requirements of the Fair Work Act.

As a result, the FWC approved the Crown Sydney Enterprise Agreement 2023. This decision enabled the agreement to come into effect, providing a legally binding framework for the terms and conditions of employment for the employees covered by the agreement.

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established