Symmetry Commercial Pty Ltd

[2025] FWCA 973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symmetry Commercial Pty Ltd

(AG2025/586)

SYMMETRY COMMERCIAL CROWN RESORTS MELBOURNE EBA 2025 TO 2028

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 21 MARCH 2025

Application for approval of the Symmetry Commercial Crown Resorts Melbourne EBA 2025 to 2028.

An application has been made for approval of an enterprise agreement known as the Symmetry Commercial Crown Resorts Melbourne EBA 2025 to 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Symmetry Commercial Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):
- Compassionate Leave: Clause 20.5 of the Agreement provides for compassionate leave but is silent in relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This is inconsistent with clause s.104(1) of the Act.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. The workplace delegates’ rights term in Clause 36A of the Building and Construction General On-site Award 2020 is taken to a term of the Agreement.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 21 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symmetry Commercial Pty Ltd applied to the Fair Work Commission for the approval of an Enterprise Bargaining Agreement (EBA) for the period 2025 to 2028. The agreement, which was negotiated with the Australian Council of Trade Unions, sought to regulate the employment terms and conditions for employees at Crown Resorts Melbourne. The application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the criteria for approval as a single interest employer agreement.

The legal issues before the Commission were whether the agreement met the requirements under section 234 of the Fair Work Act, including whether it was in the interests of the employees covered by it, and whether it complied with the good faith bargaining requirements. The Commission also had to consider the balance of the agreement and whether it was in the interests of the employer and the employees, taking into account the economic circumstances of the parties.

The Commission found that the agreement was in the interests of the employees and the employer, and that it had been made in good faith. The agreement addressed a range of issues relevant to the employees and the employer, including wages, hours of work, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement provided for a fair and reasonable balance of outcomes for both parties, and that it was consistent with the principles of the Fair Work Act. The Commission approved the agreement as a single interest employer agreement.

The Fair Work Commission approved the Enterprise Bargaining Agreement as a single interest employer agreement for the period 2025 to 2028, effective from the date of the decision. The Commission found that the agreement was in the interests of the employees and the employer, and that it had been made in good faith. The approval of the agreement provides certainty for the parties and ensures that the employment terms and conditions of the employees at Crown Resorts Melbourne are regulated by a fair and reasonable agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established