Federal Court of Australia
Federal Court of Australia
Crown Sydney Gaming Pty Limited v United Workers' Union [2022] FCA 97 File number(s): NSD 1073 of 2021
Judgment of: JAGOT J
Date of judgment: 1 February 2022
Date of publication of reasons: 14 February 2022
Catchwords: INDUSTRIAL LAW — transfer of enterprise agreements — where subsidiary proposes to employ employees from associated interstate entities to new location — where operation of enterprise agreement transfer provisions gives rise to justiciable matter — whether proposed employment of employees constitutes a 'transfer of business' — operation of ss 311 and 313 of Fair Work Act 2009 (Cth) — no transfer of business
Legislation: Fair Work Act 2009 (Cth) ss 311, 312, 313, 318
Cases cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; (2012) 201 FCR 378
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 15
Date of hearing: 1 February 2022
Counsel for the Applicant: Mr C O'Grady QC with Mr D Ternovski
Solicitor for the Applicant: Seyfarth Shaw Australia
Counsel for the Respondent: Ms M McCarthy
Solicitor for the Respondent: United Workers' Union
ORDERS NSD 1073 of 2021
BETWEEN: CROWN SYDNEY GAMING PTY LIMITED Applicant
AND: UNITED WORKERS' UNION Respondent
order made by: JAGOT J DATE OF ORDER: 1 February 2022
THE COURT DECLARES THAT:
1. The employment of the Transferring Employees by Crown Sydney Gaming Pty Ltd will not result in a transfer of business within the meaning of s 311 of the Fair Work Act 2009 (Cth). DEFINITION Transferring Employees means Dealers, Area Managers and Security Officers currently employed by one of Crown Melbourne Limited or Burswood Resort (Management) Limited, to whom Crown Sydney Gaming Pty Ltd has offered employment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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