United Workers' Union (108V) v Burswood Resort (Management) Limited Trading AS Crown Perth
At a glance
- MA000000
What happened
The Applicant sought clarification on the calculation of redundancy payments for several 'Croupier/Dealer' employees made redundant by the Respondent in April 2026. The employees were dismissed following a consultation period where the Respondent indicated that only 'Schedule 3' benefits would be included in redundancy calculations. Employees believed they were entitled to include all allowances, penalties, and financial benefits outlined in the Crown Perth & UWU Hospitality Enterprise Agreement 2023. The dispute centered on the meaning of 'Ordinary Rate of Pay' as defined in the agreement.
What was decided
Deputy President Beaumont ruled that 'Ordinary Rate of Pay' for redundancy calculations should be based only on the allowances, penalties, and financial benefits listed in Schedule 3 of the Crown Perth & UWU Hospitality Enterprise Agreement 2023. This means the employees are not entitled to include all allowances, penalties, and financial benefits outlined in the agreement. The decision addressed questions regarding the inclusion of penalty rates in the calculation, concluding that they were not included. The Commission noted a typographical error in the 2023 Agreement referencing non-existent subclauses.
What it means for employers
Employers should carefully review and ensure clarity in enterprise agreements, particularly regarding definitions like 'Ordinary Rate of Pay' and the scope of included benefits in redundancy calculations. Consistent application of definitions across the agreement is crucial to avoid disputes. Typographical errors should be identified and corrected to prevent misinterpretations.
What it means for employees
Employees should carefully review enterprise agreements to understand how redundancy payments are calculated and what components are included in 'Ordinary Rate of Pay'. If there's a disagreement about the interpretation of the agreement, seeking union representation or legal advice is recommended.
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