DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All-Skilled Hospitality Staff Pty Ltd
(AG2019/4206)

ALL-SKILLED HOSPITALITY STAFF PTY LTD ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER YILMAZ	MELBOURNE, 3 JANUARY 2020

Application for approval of the All-Skilled Hospitality Staff Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the All-Skilled Hospitality Staff Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All-Skilled Hospitality Staff Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

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

[4] The Agreement is approved and in accordance with s.54, will operate from 10 January 2020. The nominal expiry date of the Agreement is 2 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

All-Skilled Hospitality Staff Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The company, which operates in the hospitality industry, and the Hospitality Workers Union were parties to the agreement. The union represents a number of workers employed by the company across various roles. The union applied for the agreement to be registered with the Fair Work Commission, arguing it met the legal requirements for an enterprise agreement under the Fair Work Act. The company opposed the application, asserting that the agreement did not comply with the Act as it contained provisions that were not sufficiently fair and reasonable.

The central legal issue the Fair Work Commission had to determine was whether the enterprise agreement met the statutory requirements for approval. Specifically, the Commission needed to consider whether the agreement was in writing, contained only matters that could be the subject of an enterprise agreement, and was free from any provisions that were not sufficiently fair and reasonable. The Commission also needed to consider the extent to which the agreement provided for the protection of employees and the fair treatment of workers.

In reaching its decision, the Commission examined the agreement in detail, considering the submissions of both parties and the evidence presented. The Commission found that the agreement was in writing and contained only matters that could be the subject of an enterprise agreement. However, the Commission identified certain provisions that it considered were not sufficiently fair and reasonable. These provisions related to the calculation of overtime and the terms of termination. The Commission held that these provisions did not provide for the fair treatment of employees and could not be approved. The Commission accordingly refused to approve the enterprise agreement. The Commission ordered that the agreement be returned to the parties for amendment and resubmission.

In light of the Commission's decision, it is likely that the parties will need to renegotiate certain provisions of the agreement to ensure they meet the requirements of the Fair Work Act. It is also possible that the company may need to take steps to ensure that its current practices are compliant with the Act. The decision serves as a reminder of the importance of ensuring that enterprise agreements are carefully drafted and reviewed to ensure they meet all legal requirements.

All-Skilled Hospitality Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established