Blackdown Accommodation Services Pty Ltd

[2015] FWCA 6720

[2015] FWCA 6720

FAIR WORK COMMISSION

DECISION

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

Blackdown Accommodation Services Pty Ltd
(AG2015/4982)

BLACKDOWN ACCOMMODATION SERVICES PTY LTD NORTH GOONYELLA OPERATIONS ENTERPRISE AGREEMENT- 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 SEPTEMBER 2015

Application for approval of the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Blackdown Accommodation Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015 (the ‘Agreement’). The Agreement was negotiated with seven nominated Employee Bargaining Representatives (EBRs) and is to cover 21 employees who are employed to provide accommodation services at the North Goonyella Coal Mine in Moranbah Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 20 May 2015, and voting for the Agreement’s approval took place on 1 and 2 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 17 of the 18 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr N Marsh, Operations Manager, identified the Hospitality Industry (General) Award 2010 [MA000009], the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] and the Plumbing and Fire Sprinklers Award 2010 [MA000036] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Marshsaid that while the Agreement removed some allowances and did not provide for ordinary weekend penalty rates, it provided for higher rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 29 respectively, and a disputes resolution procedure at clause 30 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 September, Ms J Barrett of Resolve People and Performanceappeared with Mr N Marsh for the applicant. Ms Barrett 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 rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[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 Blackdown Accommodation Services Pty Ltd North Goonyella Operations Enterprise Agreement- 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 2 October 2015 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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