Baranagar Pty Ltd T/A Plainland Hotel Summary

[2018] FWCA 7039

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Baranagar Pty Ltd T/A Plainland Hotel

(AG2018/6279)

Porters Plainland Hotel Collective Agreement 2009

Hospitality industry
COMMISSIONER SPENCER	BRISBANE, 6 DECEMBER 2018

Application for termination of the Porters Plainland Hotel Collective Agreement 2009.

The decision issued by the Fair Work Commission on 6 December 2018 [[2018] FWCA 7039] is corrected as follows:

A)The date that the termination of the Agreement will take effect is corrected by replacing the date in paragraph [10] to read “9 December 2018”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of Baranagar Pty Ltd trading as Plainland Hotel, the applicant sought to terminate the Porters Plainland Hotel Collective Agreement 2009. The applicant argued that the termination was necessary to accommodate changes in the industry and to allow for the establishment of new employment terms and conditions that were more reflective of the current economic and operational environment. The Fair Work Commission was tasked with determining whether the application met the criteria for terminating the collective agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the application satisfied the requirements for the termination of a collective agreement under the Fair Work Act. Specifically, the Commission had to consider whether the application demonstrated that the termination was in the best interests of the employees and whether it was necessary for the agreement to be terminated to facilitate the introduction of new employment terms and conditions that would better suit the current industry context.

The Commission found that the applicant had demonstrated that the termination of the collective agreement was in the best interests of the employees. The evidence presented indicated that the current agreement was no longer suitable for the operational needs of the business, and that new terms and conditions would be beneficial. The Commission concluded that the changes sought by the applicant were necessary and that the termination of the existing agreement would facilitate the introduction of more appropriate terms and conditions. The Commission determined that the application met the statutory criteria for termination, and therefore, the termination of the Porters Plainland Hotel Collective Agreement 2009 was approved.

The Fair Work Commission ordered that the Porters Plainland Hotel Collective Agreement 2009 be terminated, effective from 9 December 2018. This decision allows the applicant to implement the new employment terms and conditions that it deemed necessary for its operations. The Commission's order was subject to the correction of the effective date of termination as noted in the subsequent correction notice.

Baranagar Pty Ltd T/A Plainland Hotel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established