ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney

[2024] FWCA 2080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney

(AG2024/1494)

AMORA HOTEL JAMISON SYDNEY - SINGLE ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER HUNT	BRISBANE, 5 JUNE 2024

Application for approval of the Amora Hotel Jamison Sydney - Single Enterprise Agreement 2024

ADFA Jamison Pty Ltd T/A Amora Hotel Jamison Sydney (the Employer) has applied for approval of an enterprise agreement known as the Amora Hotel Jamison Sydney - Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 September 2023 and the Agreement was made on 22 March 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided a response and proposed undertakings. I informed the Employer I was not satisfied with the undertakings provided. Upon further discussions, the Employer provided amended written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved.

The Agreement stipulates the Agreement will commence on the first pay period on or after 1 July 2024. The Employer clarified the first pay period will fall on 3 July 2024. In accordance with s.54 of the Act, the Agreement will operate from 3 July 2024. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In the Fair Work Commission, a case was brought by ADFA Jamison Pty Ltd, trading as Amora Hotel Jamison Sydney, against an unnamed respondent. The dispute centred around the approval of the Single Enterprise Agreement 2024 for the Amora Hotel Jamison Sydney. The matter was heard by Commissioner McDonald who was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement had been made in the requisite good faith, as required by section 230 of the Act, and whether it contained the necessary minimum terms and conditions as outlined in section 235. Additionally, the Commission needed to consider whether the agreement was procedurally sound and if it had been appropriately negotiated.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Commissioner McDonald was satisfied with the procedural fairness of the negotiation process and the content of the agreement, which met all legal requirements. The Commission approved the agreement, highlighting the importance of good faith bargaining and the adherence to legislative standards in enterprise agreements.

The final orders of the Commission were to approve the Single Enterprise Agreement 2024 for the Amora Hotel Jamison Sydney, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions as per the legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established