Accor Australia & New Zealand Hospitality Pty Ltd T/A The Sebel Quay West Suites Sydney, The Sebel Sydney Chatswood, Pullman Quay Grand Sydney Harbour

[2021] FWCA 1282

[2021] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Accor Australia & New Zealand Hospitality Pty Ltd T/A The Sebel Quay West Suites Sydney, The Sebel Sydney Chatswood, Pullman Quay Grand Sydney Harbour
(AG2021/321)

THE SEBEL, QUAY WEST & QUAY GRAND ENTERPRISE AGREEMENT 2009

Hospitality industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 MARCH 2021

Application for termination of the The Sebel, Quay West & Quay Grand Enterprise Agreement 2009.

[1] This decision arises from an application by Accor Australia & New Zealand Hospitality Pty Ltd made under Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth). The application seeks to terminate the The Sebel, Quay West & Quay Grand Enterprise Agreement 2009 (The Agreement).

[2] Schedule 3, Item 15 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 states:

“15. Collective agreement-based transitional instruments: termination by agreement

Subdivision C of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement-based transitional instrument if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.”

[3] Subdivision C of division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) (ss 219 – 224) sets out the specific requirements that must be met in relation to terminating an enterprise agreement by employers and employees.

[4] Ms Donna Phillips – Talent and Culture Manager APVC Holdings Pty Ltd, T/A Accor Vacation Club, Sebel Manly provided a statutory declaration setting out the background to the application, the process undertaken by the employer when requesting that the agreement be terminated, and attesting that the employees would be better off under the modern award.

[5] Based on the material provided to the Commission, including further information provided by the Applicant’s legal representative detailing the process of ascertaining the views of the employees, being that they support the termination of the Agreement, I am satisfied that the employer has satisfied the requirements of the Act. Those requirements include that a majority of employees balloted approved the termination as required by section 221(1) of the Act, that there are no other reasonable grounds for believing that the employees had not agreed to the termination, and that it is appropriate to terminate the Agreement.

[6] I approve the termination of the Agreement, with effect from 29 March 2021.

DEPUTY PRESIDENT

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