Crown Casino Management Agreement

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1. Size of the casino floor. Crown Melbourne has also agreed to a phased increase in the rate of tax on electronic gaming machines ('EGMs') at the Melbourne casino. Crown Melbourne's tax arrangements are set out in Part 4 of the Casino Management Agreement between the Victorian Government and Crown.
2. Parliament of NSW.
3. As 'Casino Licence' has in the Agreement; 15 'Melbourne Casino Operator' has the same meaning as 'Company' has in the Agreement; 'the Agreement' means the management agreement for the Melbourne Casino, a copy of which is set out in Schedule 1. Crown to be bound.
4. 'The agreement between Crown and the government,' MP Field declared, 'suggests any action taken as a result of this inquiry to prevent organized crime and money laundering at a future Barangaroo casino could trigger a compensation claim by Crown.

Crown Resorts was arrogant towards regulatory compliance and didn't properly act on money laundering red flags, an inquiry into the company suitability to run a new $2.2 billion Sydney casino has.

Victorian Current Acts

CASINO (MANAGEMENT AGREEMENT) ACT 1993 - SCHEDULE 11

SCHEDULE 11

TENTH DEED OF VARIATION TO THE MANAGEMENT AGREEMENT

MELBOURNE CASINO PROJECT Free online casino slots no deposit bonus.

DEED dated 3 September 2014

BETWEEN:

THE HONOURABLE EDWARD O'DONOHUE MLC , the Minister of the Crown for the timebeing administering the Casino Control Act 1991 acting for and on behalf ofthe State of Victoria ('State')

AND

CROWN MELBOURNE LIMITED ACN 006 973 262 with its registered office at 8Whiteman Street, Southbank, Victoria ('Company')

RECITALS

A. The State and the Company entered into an agreement dated20 September 1993 ratified by and scheduled to the Casino (Management Agreement) Act 1993 ( 'Management Agreement' ).

B. The Management Agreement has been varied by:

Crown Casino Management Agreement Download

(a) a deed of variation dated 14 November 1994 ratified by andscheduled to the Casino (Management Agreement) (Amendment) Act 1994 and inserted as Schedule 2 to theCasino (Management Agreement) Act 1993 ;

(b) a deed of variation dated 12 October 1995 ratified by andscheduled to the Casino (Management Agreement) (Further Amendment) Act 1995 and inserted as Schedule 3to the Casino (Management Agreement) Act 1993 ;

(c) a deed of variation dated 3 June 1996 ratified by the GamingActs (Amendment) Act 1996 and inserted as Schedule 4 to the Casino (Management Agreement) Act 1993 ;

(d) a deed of variation dated 7 November 1996 ratified by theCasino (Management Agreement) (Amendment) Act 1996 and inserted as Schedule 5to the Casino (Management Agreement) Act 1993 ;

(e) a deed of variation dated 1 October 1998 ratified by theGaming Acts (Further Amendment) Act 1998 and inserted as Schedule 6 to theCasino (Management Agreement) Act 1993 ;

(f) a deed of variation dated 3 April 2000 ratified by theNational Taxation Reform (Further Consequential Provisions) Act 2000 andinserted as Schedule 7 to the Casino (Management Agreement) Act 1993 ;

(g) a deed of variation dated 7 May 2002 ratified by the Casino(Management Agreement) (Amendment) Act 2002 and inserted as Schedule 8 to theCasino (Management Agreement) Act 1993 ;

(h) a deed of variation dated 8 July 2005 ratified by the CasinoControl (Amendment) Act 2005 and inserted as Schedule 9 to the Casino (Management Agreement) Act 1993 ;

(i) a deed of variation dated 4 June 2009 ratified by theCasino (Management Agreement (Amendment) Act 1994 and inserted in Schedule 10to the Casino (Management Agreement) Act1993 .

C. The parties have agreed to further vary the ManagementAgreement as provided in this Deed of Variation.
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AGREEMENT

1. Definitions

Unless the context otherwise requires or the contrary intention appears, termsdefined in the Casino Control Act 1991or the Management Agreement have thesame meaning when used in this Deed.

2. Ratification and operation of provisions

2.1 A Minister of the State must as soon as reasonablypracticable after the execution of this Deed introduce and sponsor a Bill inthe Parliament of Victoria to:

(a) ratify this Deed;

(b) amend the Casino Control Act 1991to permit the increase inthe maximum number of gaming machines available for gaming at any time whilethe Melbourne Casino is open for business as set out in clause 2.2(b)(ii) ofthis document;

(c) extend the date upon which the Casino Licence ceases to haveeffect to 18 November 2050; and

(d) make ancillary amendments to other legislation.

2.2 This Deed (other than clauses 1, 2, 5 and 7 which areeffective on and from the date of this Deed) shall come into operation onceall the following have occurred:

(a) the Bill referred to in clause 2.1 has come into operationas an Act; and

(b) the following amendments to the Casino Licence take effect:

(i) amendments to clause 8 (a) of the Casino Licence to:

(A) increase the maximum number of gaming tables in operationand available for the playing of Table Games at any time while the MelbourneCasino is open for business from 400 to 440; and

(B) increase the number of stations connected to any FullyAutomated Table Games from 200 to 250 stations in operation and available forgaming at any time while the Melbourne Casino is open for business;

(ii) an amendment to clause 8(c) of the Casino Licence toincrease the maximum number of gaming machines available for gaming at anytime while the Melbourne Casino is open for business from 2,500 to 2,628; and
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(c) an amended Casino Licence is provided to the Company thatreflects the extension of the Casino Licence referred to in clause 2.1(c),

(the date on which the last of those to occur being the ' Operative Date ').

3. Variation of Management Agreement

3.1 The Management Agreement is varied from the Operative Dateso that:

(a) all references to 'Crown Casino Ltd' are replaced byreferences to 'Crown Melbourne Ltd';

(b) all references to the Gaming Machine Control Act1991 arereplaced by references to the Gambling Regulation Act 2003 ;

(c) in clause 2:

(i) the definition of 'Authority' is replaced by the followingdefinition:

' Authority ' means the Victorian Commission for Gambling and LiquorRegulation;

(ii) the definition of 'Casino Licence' is amended to includethe words 'as varied from time to time' after the words 'Casino Agreement';

(iii) in clause 2 the following new definitions are inserted inalphabetical order:

' Tenth Deed of Variation ' means the Tenth Deed of Variation to theManagement Agreement between the State and the Company dated on or about 1September 2014;

'Tenth Variation Commencement Date' has the same meaning as the term'Operative Date' in the Tenth Deed of Variation to the Management Agreement;

(d) new clauses 21A, 21B and 21C are inserted as follows:

'21A Further payments

The Company will make the following payments to the State:

(a) $250,000,000, payable within seven (7) days after the TenthVariation Commencement Date; and

(b) $250,000,000, payable on 1 July 2033.
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21B Contingent payments

(a) In addition to the payments referred to in clause 21A,the Company will pay to the State the following additional amounts on1 September 2022:

(i) if the Compound Annual Growth Rate of Normalised GamingRevenue from the Financial Year ending 30 June 2014 to the Financial Yearending 30 June 2022 exceeds 4.0%, then the Company will pay to the State anamount of $100,000,000; and

(ii) if the Compound Annual Growth Rate of Normalised GamingRevenue from the Financial Year ending 30 June 2014 to the Financial Yearending 30 June 2022 exceeds 4.7%, then the Company will pay to the State, inaddition to the payment referred to in sub-paragraph (a)(i), a further amountof $100,000,000.

(b) In this clause 21B:

(i) ' Compound Annual Growth Rate ' is calculated as follows(and expressed as a percentage):

(Ending Value/Beginning Value) ^1/8 - 1

Where:

(ii) ' Normalised Gaming Revenue ' means Gross Gaming Revenue,plus Normalised Revenue from Commission Based Play; and

(iii) ' Normalised Revenue from Commission Based Play ' meansthe total turnover from Commission Based Players, multiplied by 1.35%.
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(c) The State may request details from the Company of the totalturnover from Commission Based Players at any time (but no more frequentlythan twice in any one year). The Company must provide such details promptlyfollowing the request.

21C Interest

21C.1 The amounts referred to in clauses 21A and 21B must bepaid in same day settlement funds before 2.00pm on the due date.

21C.2 If the Company fails to pay any amount due under clause21A or clause 21B by the due date, without prejudice to any other right orremedy arising because of that failure, the Company must pay to the Stateinterest (calculated daily) on the amount in default (including accruedinterest) at the Default Rate for the period from the due date until theamount due and all interest payable has been paid.'

(e) a new clause 22.10 is inserted as follows:

'22.10 (a) Gross Gaming Revenue andCommission Based Players' Gaming Revenue from New Gaming Product must beseparately accounted for by the Company and verified by the Authority.

(b) If casino tax paid to the State in accordance with clauses22.1(b)(iii), 22.1(f) and 22A.1 in respect of Gross Gaming Revenue andCommission Based Players' Gaming Revenue from New Gaming Product in anyFinancial Year during the Guarantee Period is less than $35,000,000, theCompany must pay to the State within 60 days following the end of thatFinancial Year, as additional casino tax, an amount equal to $35,000,000 lessthe casino tax paid in respect of Gross Gaming Revenue and Commission BasedPlayers' Gaming Revenue from New Gaming Product for that Financial Year.
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(c) New Gaming Product will be deployed throughout the GuaranteePeriod at the Melbourne Casino on the following basis:

(i) no less than 80 per cent of the new gaming machines will beplaced in Non-VIP areas and no less than 75 per cent of those new gamingmachines placed in Non-VIP areas will be operated in Restricted Mode only;

(ii) no less than 75 per cent of the new Gaming Tables will beplaced in Non‑VIP areas and all of the remaining new Gaming Tables willbe placed in Non-smoking areas within the VIP areas; and

(iii) 100 per cent of the additional stations connected to FullyAutomated Table Games will be placed in Non-VIP areas.

In this clause 22.10:

'Fully Automated Table Game' has the same meaning as in the Casino Licence;

'Gaming Table' has the same meaning as in the Casino Licence;

'Guarantee Period' means the period from 1 July 2015 to 30 June2021;

'New Gaming Product' means the new gaming products permitted to be installedas a consequence of the amendments to the Casino Licence referred to in clause2.2(b) of the Tenth Deed of Variation and does not include any gaming productinstalled at the Melbourne Casino as at the Tenth Variation Commencement Date;

'Non-smoking areas' means all areas of the Melbourne Casino except those areasdeclared pursuant to section 3E of the Tobacco Act 1987 as smoking areas;
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'Non-VIP areas' means all areas of the Melbourne Casino except VIP areas;

'Restricted Mode' means the usual mode of operation of a gaming machine thatis not operating in Unrestricted Mode;

'Semi Automated Table Game' has the same meaning as in the Casino Licence;

'Unrestricted Mode' means the mode of operation of a gamingmachine operated at the Melbourne Casino within 'Specified Areas'pursuant to the notice issued by the Authority dated 17 August 2012 andpermitted pursuant to Ministerial Directions dated 17 August 2012 issuedunder section 3.2.3 (1) of the Gambling Regulation Act 2003;

'VIP areas' means those areas in the Melbourne Casino reserved forthe use of Commission Based Players and certain designated members of theCompany's complex wide loyalty program and guests and comprising as at theTenth Variation Commencement Date those areas known as 'TeakRoom', 'Mahogany Room', 'Riverside Slots' andthe private salons on levels 29 and 39 of 'Crown Towers'.'

(f) clauses 22A.4 to 22A.9 (inclusive) are deleted in theirentirety;

(g) a new Part 5A is inserted as follows:

' PART 5A – REGULATORY CERTAINTY

24A.1 In this clause 24A and Annexure 1 the following terms havethe meanings indicated:

' Expert ' means a partner or director of an independent, internationallyrecognised chartered accounting firm or investment bank (or other professionalorganisation agreed by the parties) which is not the then current auditor ofthe Company or the Authority or (unless otherwise agreed) has not been duringthe past twelve month period an adviser to Crown, the Authority, theDepartment of Treasury and Finance or the Department of Justice (in relationto gambling matters) and who has experience of the gaming industry;

' Senior Management Representative ' means:

(a) in the case of the State, the representative from time totime nominated by the Minister of the Crown for the time being administeringthe Casino Control Act; and
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(b) in the case of the Company, the Chief Executive Officer ofthe Company, or if that position does not exist, a position of equivalentseniority or higher;

' Trigger Event ' has the meaning given in section 1 of Annexure 1.

24A.2 (a) The State or the Authority must not without the Company'sprior written consent, take any action or series of actions that has or willhave the effect of:

(i) cancelling or varying the Casino Licence, other than therevocation, termination, suspension or variation by the Authority of theCasino Licence in accordance with section 20 of the Casino Control Act (exceptwhere the Authority is relying on section 20(1)(e) of the Casino Control Actas a ground for disciplinary action);

(ii) increasing the then current rates of casino tax (or anypart of it) such that the increased rate exceeds the rate of that casino tax(or part of it) set out in this Agreement as at the date of the TenthDeed of Variation or such higher rate as may be agreed by the parties fromtime to time;

(iii) imposing any new tax or increasing any tax (includinglevies or similarly described payments) on the Company, except where such newor increased tax:

(A) applies generally to Victorian businesses or property ownersor occupiers;
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(B) applies generally to businesses or property owners oroccupiers in the Melbourne CBD or a similar geographic location (but is notspecifically directed at the Company or the Melbourne Casino Complex); or

(C) applies generally to businesses in the hospitality industry(including non-gaming businesses).

(b) The State acknowledges that the Company will suffer loss anddamage in the event of breach of paragraph (a) and the State and the Companyacknowledge that the ordinary principles for breach of contract apply.

24A.3 The State and the Company agree that certain other actionsor series of actions by the State or the Authority may give rise tocompensation being payable by the State to the Company.

24A.4 The actions or series of actions by the State and/or theAuthority referred to in clause 24A.3 and the principles and process fordetermining the amount of compensation payable (if any) are set out inAnnexure 1.

24A.5 If any variation of the Casino Licence constitutes aTrigger Event, the Company will not be entitled to bring or maintain a claimfor breach of clause 24A.2 in respect of that variation.

24A.6 (a) For the avoidance of doubt, for the purposes of this clause24A and Annexure 1, the State does not include the Commonwealth, localgovernment or any Commonwealth or local government authority or body.

(b) For the avoidance of doubt, no damages for breach of clause24A.2 or compensation under clause 24A.3 and Annexure 1 will be due or payableby the State or the Authority with respect to:

(i) the granting of one or more casino licences or similarauthorities to any person or persons other than the Company or the granting oflicences or authorities permitting the operation or playing of gaming productto any person or persons other than the Company; or
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(ii) action or actions necessary to put in place the Victoriangovernment's current state-wide voluntary pre-commitment system, including theprohibition of any alternative limit setting system (which, for the avoidanceof doubt, includes the Company's existing loss and time limit setting systemknown as 'Play Safe') from 1 December 2015.'

(i) A new Annexure 1 is inserted in the form of Annexure 1 tothis Deed.

(j) sub-paragraphs 32.1(b)(i) and (ii) are deleted in theirentirety and replaced with the following:

'(i) in the case of the State-

Crown Casino Management Agreement Example

The Secretary to the Department of Treasury and Finance
1 TreasuryPlace
MELBOURNE VIC 3000

Facsimile: (03) 9651 6228

with a copy to the Authority-

Chairman
Victorian Commission for Gambling and Liquor Regulation
49Elizabeth Street
RICHMOND VIC 3121

Facsimile: (03) 9651 3777

(ii) in the case of the Company-

Chief Executive Officer
Crown Melbourne Ltd.
8 WhitemanStreet
SOUTHBANK VIC 3006

Facsimile: (03) 9292 7041'

3.2 The Company will not be required to make any payment inrespect of any accrued liability under clauses 22A.4 to 22A.9 (inclusive) inrespect of the period from 1 July 2014 to the Operative Date.

4. Previous agreement

On and from the Operative Date, this Deed supersedes all previous agreementsor understandings between the parties in connection with its subject matter,other than any confidentiality undertakings made by any party in favour of theother, which remain in force in accordance with their terms.

5. Force Majeure Event
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None of the negotiation, preparation and execution of this Deed, itsratification under clause 2 or any of the circumstances relating to or givingrise to the creation of this Deed has or will cause or create any GovernmentAction, Force Majeure Event or breach of obligation under any TransactionDocument and the Company and the State so acknowledge.

6. Confirmation of other terms

The parties acknowledge and confirm that except as varied by this Deed theterms and conditions of the Management Agreement remain in full force andeffect.

7. General provisions

Clauses 33 and 35 to 40 (inclusive) of the Management Agreement apply to thisDeed as if expressly included in this Deed.

EXECUTED AS A DEED.

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Annexure 1

Regulatory Certainty

1. Regulatory Events

1.1 Compensation is payable by the State to the Company if,after the date of the Tenth Deed of Variation, during the term of the CasinoLicence, and without the Company's prior written consent, the State or theAuthority or any State authority or State body takes any action or series ofactions which has the effect of:

(a) removing, reducing, amending or rendering ineffective(partially or wholly) the then current exemption from the prohibition onsmoking within the VIP areas at the Melbourne Casino Complex (being, as at theTenth Variation Commencement Date, those areas declared pursuant to section 3Eof the Tobacco Act 1987 as smoking areas) (except where all other AustralianState and Territory Governments have taken substantially the same action orseries of actions); or
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(b) adversely impacting the earnings before interest, taxes,depreciation and amortisation ( 'EBITDA' ) of the Company by:

(i) reducing any maximum bets on Table Games, Semi AutomatedTable Games and Fully Automated Table Games or gaming machines (except whereall other Australian State and Territory Governments have taken substantiallythe same action or series of actions);

(ii) removing, reducing in number or amending or restricting thethen current manner in which gaming machines in unrestricted mode within theMelbourne Casino are permitted to operate;

(iii) removing, reducing in number or restricting or amendingthe then current manner in which Automated Teller Machines are permitted tooperate within the Melbourne Casino Complex (except where all other AustralianState and Territory Governments have taken substantially the same action orseries of actions);

(iv) introducing any form of mandatory pre-commitment other thanthe requirement for players of gaming machines operating in unrestricted modeto set time and net loss limits using the state-wide pre-commitment system(except where all other Australian State and Territory Governments haveintroduced mandatory pre-commitment with a similar effect); or

(v) restricting or amending the then current manner in which theCompany's loyalty scheme is permitted to operate (except where all otherAustralian State and Territory Governments have taken substantially the sameaction or series of actions).

(each such action or series of actions is a 'Trigger Event' )

2. Methods of CalculatingCompensation - Trigger Events

2.1 Calculation of Compensation

In the event of a Trigger Event, subject to the rest of this clause 2, theCompany will be entitled to compensation, calculated as follows:

C = ( M x A )

Where:

C is the amount of compensation;

A is the annualised negative impact on the EBITDA of the Company (normalisedfor a theoretical win rate of 1.35% applied to turnover of Commission BasedPlayers) as a result of the Trigger Event; and
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M is the multiple applicable at the time the relevant action or the firstaction in a relevant series of actions by the State or the Authority (or Stateauthority or State body) occurred as set out in the table below:

2.2 Cap on compensation

(a) In respect of all Trigger Events occurring in any term of aVictorian Government ( 'Term' ) the amount of compensation (C) will not exceedthe cap determined in accordance with paragraph (b) regardless of the numberor types of Trigger Events occurring in that Term.
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(b) The cap for the period from the Tenth Variation CommencementDate to 30 June 2015 will be $200,000,000. On 1 July 2015 and each 1 Julythereafter (each being an 'Adjustment Date' ), the cap will be adjusted inaccordance with the formula set out below:

cap =

Where:

cap is the amount of the cap on and from the Adjustment Date;

X is the CPI number published for the quarter ending immediatelybefore the Adjustment Date;

Y is the CPI number published for the quarter ending immediatelybefore the previous Adjustment Date or, where there is no previous AdjustmentDate, the quarter ending immediately before the Tenth Variation CommencementDate;

Z is the amount of the cap calculated in accordance with thisformula on the previous Adjustment Date; and

CPI number is the Consumer Price Index (All Groups for Melbourne)published by the Australian Bureau of Statistics (or any other index publishedin substitution for this index).

The cap will be adjusted on each Adjustment Date in accordance with thisclause 2.2(b) regardless of whether, at any time prior to the Adjustment Date,a claim for compensation has been made by the Company or a payment ofcompensation has been made by the State.

(c) The cap that is applicable to any compensation payable inrespect of a Trigger Event which occurs in a Term ( 'Applicable Cap' ) is thecap applicable at the time at which the relevant action or the first of anyseries of actions which constitutes that Trigger Event occurs.
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(d) If the compensation paid with respect to one or more TriggerEvents occurring in a Term equals the Applicable Cap, no further compensationis payable to the Company with respect to any other Trigger Event that occursduring that Term.

(e) No compensation will be payable in any Term for any actionor series of actions which constitutes a Trigger Event which occurred in aprior Term and for which compensation has already been paid (or not paid as aresult of the cap). However, for the avoidance of doubt, the amount ofcompensation payable in respect of Trigger Events which occur during a Termwill not be affected by any payment of compensation made in relation to anyTrigger Event which occurred during a prior Term.

(f) For the purposes of this Annexure, the Term of eachVictorian Government ends when a new Victorian Government is sworn infollowing a Victorian general election. For the avoidance of doubt, theCompany's entitlement to compensation in relation to Trigger Events whichoccur in any Term will not be extinguished as a result of a change ofgovernment following a Victorian general election.

2.3 Exclusions

No compensation will be due or payable to the Company under clause 24A.3and this Annexure 1 with respect to actions which:

(a) have an adverse impact on the Company's EBITDA of less than$1 million per annum as assessed by the Company acting reasonably;

(b) arise directly from disciplinary action validly takenagainst the Company; or

(c) advertise or promote the Victorian government's responsiblegambling, responsible service of alcohol or 'quit smoking' programs, providedsuch actions are not targeted solely at the Company.

3. Process for DeterminingCompensation Payable

(a) Where the Company is entitled to recover any amount (whetherby payment, discount, credit or otherwise) from any third party (includingfrom an insurer or under an indemnity or guarantee) in relation to any matterfor which a claim for compensation under this Annexure 1 could be made orbrought against the State by the Company, the State is nevertheless liable forthat Claim (the 'Relevant Claim') but, if and to the extent theRelevant Claim is satisfied by the State, the Company must assign to the Statethe benefit it may receive of any proceeds, debts, claims or other actionsfrom any third party in respect of the Relevant Claim, and otherwise hold suchbenefit on trust for the State, save where to do so would be contrary to or inbreach of the Company's insurer's rights of subrogation.
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(b) The Company is obliged to take all reasonable steps tomitigate any loss that may otherwise arise in relation to any matter or forwhich a claim for compensation under this Annexure 1 could be made or broughtagainst the State by the Company.

(c) The Company will not be entitled to make a claim under thisAnnexure 1 to the extent it has received (or, as a result of the cap, notreceived) a compensation payment under this Annexure 1 in respect of thesame Trigger Event.

(d) The Company agrees that any compensation payable under thisAnnexure 1 is the entire remedy for the occurrence of the Trigger Events whichmay occur and it will not seek any other remedy against the State inconnection with the Trigger Events.

(e) If the Company becomes aware that a Trigger Event hasoccurred, the Company must promptly provide a written notice to the Statewhich must set out in reasonable detail the Trigger Event and, at any timewithin 2 years from becoming aware that a Trigger Event has occurred, theCompany may provide a written notice ( 'Compensation Notice' ) to the Statewhich must state that it is a Compensation Notice under this Annexure 1and set out in reasonable detail:

(i) the Trigger Event giving rise to the claim for compensation;and

(ii) the amount which the Company considers to be thecompensation payable ( 'Compensation Payable' ) by the State to the Company inrespect of the relevant Trigger Event.

(f) Within 3 months after the Company provides the CompensationNotice to the State under clause 3(e), the State must by written notice to theCompany, either:

(i) accept the amount set out in the Compensation Notice as the'Compensation Payable' in which case that amount will constitute thecompensation payable by the State to the Company in respect of the relevantTrigger Event; or

(ii) request from the Company such further details in relationto, or clarification of, information provided in the Compensation Notice orthe methodology used to determine the amount set out in the CompensationNotices as the 'Compensation Payable' as the State may reasonably require toassist the State in understanding the impact of the Trigger Event on theCompany's EBITDA or the calculation of the amount set out in the CompensationNotice as the 'Compensation Payable'; or
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(iii) dispute the correctness of the amount set out in theCompensation Notice as the 'Compensation Payable' setting out in reasonabledetail:

(A) the basis on which the State disputes he amount set out inthe Compensation Notice as the 'Compensation Payable'; and

(B) the amount which the State considers to be the CompensationPayable or, if not precisely known, its best estimate of that amount.

(g) If the State submits a request for further details orclarification under clause 3(f)(ii):

(i) the Company must provide such further details orclarification to the extent that it can reasonably do so promptly followingthe request; and

(ii) within 20 Business Days of receipt of the response from theCompany, the State must by written notice to the Company, either:

(A) accept the amount set out in the Compensation Notice as the'Compensation Payable', in which case that amount will constitute thecompensation payable by the State to the Company in respect of the relevantTrigger Event; or

(B) dispute the correctness of the amount set out in theCompensation Notice as the 'Compensation Payable'.

(h) If the State does not take any of the actions required of itunder and within the time frames set out in clause 3(f) and 3(g)(ii), theamount set out in a Compensation Notice as the 'Compensation Payable' willconstitute the compensation payable by the State to the Company in respect ofthe relevant Trigger Event.

(i) If the State issues a notice in accordance with clause3(f)(iii) or 3(g)(ii)(B) (a 'Compensation Dispute Notice' ):

(i) the dispute must be resolved in accordance with theprocedure set out in clause 3(j); and

(ii) the compensation (if any) payable by the State to theCompany in respect of the relevant Trigger Event will be the amount (if any)determined in accordance with clause 3(j).
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(j) If the State issues a Compensation Dispute Notice inaccordance with clause 3(f)(iii) or 3(g)(ii)(B) then the following procedurewill apply:

(i) Within 20 Business Days of the State giving the CompensationDispute Notice ( 'Negotiation Period' ), the Senior Management Representativefrom each of the parties must meet at least once to attempt to resolve thedispute ( 'Dispute' ).

(ii) The Senior Management Representatives may meet more thanonce to resolve the Dispute. The Senior Management Representatives may meet inperson, via telephone, videoconference or any other agreed means ofinstantaneous communication to effect the meeting.

(iii) Each party warrants that its Senior ManagementRepresentative has full authority to resolve any dispute as to thecompensation payable.

Crown Casino Management Agreement Sample

(iv) If the Senior Management Representatives are unable toresolve the Dispute during the Negotiation Period, the State must nominate anExpert by notice in writing to the Company within 30 Business Days from thedate of expiration of the Negotiation Period ( 'Nomination Period' ).

(v) Within the Nomination Period, the Company must also nominatean Expert by notice in writing to the State.

(vi) Within 30 Business Days of the date of expiration of theNomination Period, the Experts so nominated will endeavour jointly todetermine the compensation (if any) payable in accordance with clause3(j)(vii). The Experts must give to the parties any joint determination andtheir reasons in writing within that 30 Business Day period. If theexperts jointly determine that compensation is payable, the writtendetermination must set out the Experts' calculation of each component of theformula.
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(vii) In determining the compensation (if any) payable, eachExpert must:

(A) act as expert and not as arbitrator;

(B) have regard to the provisions of this Agreement and applythe principles set out in Annexure 1; and

(C) have regard to any written submissions made to it by theState and the Company, and either Expert may make such enquiries as itconsiders in its absolute discretion to be necessary or desirable.

(viii) If either the Company or the State has failed to nominatean Expert within the Nomination Period, the determination of the compensation(if any) payable will be made within 30 Business Days of the date ofexpiration of the Nomination Period by the sole Expert nominated by either theCompany or the State as the case may be.

(ix) If the Experts are unable jointly to determine the Disputewithin the period of 30 Business Days referred to in clause 3(j)(vi), then theCompany and the State jointly must, within 2 Business Days of the expiry ofthat period, request the Law Institute of Victoria President to nominate,within 10 Business Days of the date of the request, another Expert ( 'Umpire') to make a final determination of the compensation (if any) payable inaccordance with the following provisions of this clause 3(j).

The Umpire must give its determination and its reasons in writing within 30Business Days of its appointment. If the Umpire determines thatcompensation is payable, the written determination must set out the Umpire'scalculation of each component of the formula.

(x) Any determination of the Experts (or, in the circumstancescontemplated by clause 3(j)(viii), the sole Expert) or the Umpire inaccordance with this Annexure 1 will be final and binding on the parties inrespect of the relevant Trigger Event. However, within 20 Business Days of thedetermination being notified to the Parties, either the Company or the Stateis entitled to make an application to the court for a declaration that, inreaching the determination, the Experts, the sole Expert or the Umpire, as thecase may be, made an error in relation to a question of law.
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(xi) If the court issues a declaration to the effect that anerror has been made in relation to the relevant question of law, whichever ofthe Company or the State sought the declaration must immediately inform theExperts, the sole Expert or the Umpire, as the case may be, provide them witha copy of the declaration and request that they issue an updateddetermination, together with reasons, in writing within 20 Business Days ofreceiving a copy of the declaration. That updated determination will be finaland binding on the parties in respect of the relevant Trigger Event.

If the updated determination is to be issued by the Experts and they areunable to agree on the determination within the period of 20 Business Daysreferred to above, the matter must be referred to the Umpire in accordancewith clause 3(j)(ix).

(xii) If the court issues a declaration to the effect that noerror has been made in relation to the relevant question of law, the originaldetermination of the Experts, the sole Expert or the Umpire, as the case maybe, will be final and binding on the parties in respect of the relevantTrigger Event.

(xiii) To the extent of any inconsistency between the terms ofthis Agreement and the applicable rules for expert determination published bythe Law Institute of Victoria, the terms of this Agreement prevail.

(xiv) In determining the compensation (if any) payable, theUmpire:

(A) must act as expert and not as arbitrator;

(B) must have regard to the provisions of this Agreement andapply the principles set out in Annexure 1;

(C) must have due regard to any evidence submitted by theExperts appointed in accordance with clauses 3(j)(iv) and (v) as to theirrespective assessments of the compensation (if any) payable;

(D) must act fairly and impartially as between the parties,giving each party a reasonable opportunity to:

(I) put its case and deal with the case of the opposing Party;and

(II) make submissions on the conduct of the expertdetermination;

(E) subject to clauses 3(j)(xiv)(A) to 3(j)(xiv)(D), inclusive,may:
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(I) proceed in any manner he or she thinks fit;

Crown Casino Management Agreement Template

(II) conduct any investigation which he or she considersnecessary to resolve the Dispute;

(III) examine such documents, and interview such persons, as heor she may require and may make such directions for the conduct of thedetermination as he or she considers necessary;

(F) must within 3 Business Days of nomination, disclose to theparties any:

(I) interest he or she has in the outcome of the determination;

(II) conflict of interest;

(III) conflict of duty;

(IV) personal relationship that the Umpire has with eitherparty, or either party's representatives or Experts; and

(V) other fact, matter or thing which a reasonable person mayregard as giving rise to the possibility of bias; and

within 5 Business Days of receipt of any disclosure referred to in thisparagraph (F) a party may object to the Umpire. If so, the Company and theState jointly must, within a further 2 Business Days, request the LawInstitute of Victoria President to nominate, within 10 Business Days of thedate of the request, a replacement Umpire for the purpose of this clause 3;and

(G) must not communicate with one party without the knowledge ofthe other party.

(xv) Each party must do all things reasonably necessary for theproper, expeditious and cost-effective conduct of the expert determinationprocess contemplated by this clause 3 .
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(k) Within 20 Business Days of the amount of compensation thatis payable by the State to the Company being agreed or determined inaccordance with this clause 3, the State must pay that amount to the Companyin cleared funds.

(l) Except as contemplated in clause 3(m), each party must bearits own costs in complying with this clause 3.

(m) (i) Subject to paragraph (ii), the aggregate costs of the Experts(and the Umpire, if applicable) will be borne equally by the parties.

(ii) If the amount of compensation that is payable by the Stateis determined by an Expert, Experts or Umpire and is:

(A) more than 10% below the amount set out in the Company'sCompensation Notice under clause 3(e), the Company will bear the costs of theExpert, Experts and Umpire, as applicable; or

(B) more than 10% above the amount set out in the Company'sCompensation Notice under clause 3(e), the State will bear the costs of theExpert, Experts and Umpire, as applicable.

(n) Nothing in this clause 3 will prevent a party frominstituting proceedings to seek urgent injunctive, interlocutory ordeclaratory relief in respect of a dispute as to the compensation payable.
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(o) Time is of the essence of the parties' obligations underthis clause 3.

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When a worker has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to unpaid bereavement leave. The employer and the employee should agree on the duration of the unpaid leave. In the absence of an agreement, the employee is allowed to take up to 16 hours of unpaid leave. A worker may, in agreement with the employer, take unpaid bereavement. United Voice says the 10 meetings he`s had with casino management this year have been few. 23.3.9 Any disagreement over the value of unitary and property objects and any other aspect of this clause can be determined by a reference council. «Crown employees work hard to run the casino 24/7 and make it the success it is. If our members are on strike, Crown simply won`t be able to function,» said Ben Redford, Secretary of State for the United Voice. 9.1 A consultation mechanism and procedures tailored to the size, structure and needs of the company or workplace will be put in place. «Workers will continue to be able to amend a proposal to amend the agreements,» he said. 3.8.5 Introductory level: the level of a worker entering the sector who has not demonstrated level 1 competency requirements. Such an employee will remain at this level for up to three months, while appropriate training will be provided for Level 1 and an assessment will be conducted to move from the introductory level to Level 1. At the end of three months after entry, a worker moves to Level 1, unless an agreement has been reached between the worker and the employer and has recorded that continuous training of up to three months is required for the worker to acquire a level 1 free movement skill.

25.7.7 If an employer does not give all unions concerned the opportunity to be involved in the process ahead of an agreement, the Commission may adjourn or reject the request for deterioration of the allocation. (a) The duration of the apprenticeship is set out in the training agreement or in the training contract for each apprentice. The defined period for which apprentices` rates of pay apply may not exceed five years. The time provided by clauses 34.1.1 to 34.1.6 of a worker who is not fortuitous is paid with an additional remuneration of at least four hours in double time and half. In addition, workers who have worked on a mandatory public holiday may do this work by appointment at normal rates, plus an additional part-time this week, provided that the worker is allocated an equivalent paid time or a day instead of a public holiday during the week during which the leave is provided.