Anvera Pty Ltd t/as Cobar Motel Caravan Park and Dineen Tourism Management

[2015] FWCA 4626

[2015] FWCA 4626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Anvera Pty Ltd t/as Cobar Motel Caravan Park and Dineen Tourism Management
(AG2015/3133)

ANVER PTY LIMITED ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 9 JULY 2015

Application for approval of the Anvera Pty Limited Enterprise Agreement 2015..

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Anvera Pty ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as Anvera Pty Limited Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 12 employees who are employed at the applicant’s caravan park in Cobar, New South Wales.

[2] The employees were last notified of their representational rights on 26 April 2015, and voting for the Agreement’s approval took place on 11 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 8 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Dineen, Owner, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Dineen said that the Agreement provides for some terms and conditions that are less beneficial than those under the Award, including the removal of annual leave loading and some allowances. However, these have been ‘loaded’ into higher base rates of pay. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 6 respectively, and a disputes resolution procedure at clause 5 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 6 July 2015, Ms L Whitfield, Solicitor,appeared for the applicant. Ms Whitfield outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that, pursuant to s 206 of the Act, base rates of pay were guaranteed not to fall below the base rates set out under the Modern Award.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Anvera Pty Limited Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 13 July 2015 and have a nominal expiry date of 12 July 2019.

DEPUTY PRESIDENT

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