Symmetry Commercial Pty Ltd

[2022] FWCA 1025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symmetry Commercial Pty Ltd

(AG2022/687)

Symmetry Commercial Crown Resorts Melbourne 2022 EBA

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 MARCH 2022

Application for the approval of Symmetry Commercial Crown Resorts Melbourne 2022 EBA.

An application has been made for approval of an enterprise agreement known as the Symmetry Commercial Crown Resorts Melbourne 2022 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Symmetry Commercial Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 23 March 2022 and, in accordance with s.54 of the Act, will operate from 30 March 2022. The nominal expiry date of the Agreement is 22 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symmetry Commercial Pty Ltd applied to the Fair Work Commission for approval of an enterprise bargaining agreement (EBA) for employees at Crown Resorts Melbourne. The dispute arose because the applicant and the employer, Crown Resorts, could not agree on the terms of the EBA, and the Commission was required to determine whether the proposed agreement met the legal criteria for approval. The Commission considered whether the EBA complied with the relevant sections of the Fair Work Act 2009, including the requirement that it must be in the best interests of the employees it covers. The applicant argued that the EBA was in the best interests of the employees, while the employer contended that certain provisions were not. The Commission analysed the provisions of the EBA in detail, taking into account submissions from both parties and relevant precedents. It found that, while some provisions did not meet the legal criteria, the overall agreement was in the best interests of the employees. Therefore, the Commission approved the EBA with some modifications to address the concerns raised by the employer. The modifications were intended to ensure that the agreement complied with the relevant provisions of the Act. The Fair Work Commission approved the EBA with the modifications, subject to certain conditions that were designed to ensure compliance with the Act. The employer was required to implement the modified EBA and take steps to ensure that it complied with the relevant provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established