United Workers' Union v Crown Sydney Gaming Pty Ltd T/A Crown Sydney

[2023] FWC 1731

[2023] FWC 1731

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009

s.236 - Application for a majority support determination

United Workers' Union
v

Crown Sydney Gaming Pty Ltd T/A Crown Sydney

(B2023/646)

DEPUTY PRESIDENT CROSS SYDNEY, 18 JULY 2023

Employees of Crown Sydney Gaming Pty Ltd engaged as VIP Hosts in its Sydney operations in Barangaroo, New South Wales

1. The United Workers Union (the UWU) made an application (the Application) to the Fair Work Commission (the Commission) for a Majority Support Determination. The application was made pursuant to section 236 of the Fair Work Act 2009 (the Act). The application sought a determination in respect to members of the UWU employed by Crown Sydney Gaming Pty Ltd (the Employer) and engaged as VIP Hosts that would otherwise be covered by the Hospitality Industry (General) Award 2020.

1. The matter was listed for Conference by Microsoft Teams before me on 17 July 2023. At these proceedings the UWU was represented by Mr S Howe. The employer was represented by Mr B Richardson of Real IR Solutions, who was granted permission to appear on behalf of the Employer.

1. The UWU referred to the grounds in support of the making of a majority support determination and submitted that copy of a petition of relevant employees clearly established that a majority of relevant employees sought to bargain for a proposed agreement.

1. The Employer agreed to provide the Commission with a list of employees who are employed in positions identified in the Application, in order to allow the Commission to assess whether those employees who had signed the petition of relevant employees represented a majority of the employees to be covered by the proposed agreement.

1. Having compared the petition of relevant employees, and the list of employees, I am satisfied that:

(a)   a majority of the relevant employees want to bargain:

(b)   the employer has not yet agreed to bargain:

(c)   the group that comprises the relevant employees has been fairly chosen and:

(d)   that it is reasonable in all circumstances to make the Majority Support Determination.

1. Consequently, the Commission has separately issued a Majority Support Determination.

1. This Majority Support Determination operates on and from today, 18 July 2023.

DEPUTY PRESIDENT

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