DECISION

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

Dixon Hospitality Limited
(AG2016/2766)

DIXON HOSPITALITY ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 25 MAY 2016

Application for approval of the Dixon Hospitality Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Dixon Hospitality Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Dixon Hospitality Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with two nominated Employee Bargaining Representatives (EBRs) and is to cover 262 employees who are employed at 23 hotels owned by the applicant throughout New South Wales and Victoria.

[2] The employees were last notified of their representational rights on 24 February 2016 and voting for the Agreement’s approval took place between 23 and 29 March 2016. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot conducted by a third party (Elections Australia), 75 of the 128 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 8 April 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr P Waterson, Director, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Watersonsaid that the Agreement does not provide for penalty rates for weekend and evening work. However, these have been ‘loaded’ into higher base rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility term at cl 24 and the consultation term at clauses 22 and 23 respectively, and a disputes resolution procedure at clause 25 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 24 May 2016, Mr P Waterson appeared for the applicant. Mr Waterson 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. He offered an undertaking to provide for a 17.5% loading to be paid on annual leave. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’.

[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, 188, 190 and 191 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Dixon Hospitality Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 31 May 2016 and have a nominal expiry date of 24 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Dixon Hospitality Limited applied to the Fair Work Commission for the approval of the Dixon Hospitality Enterprise Agreement 2016. The applicant, Dixon Hospitality Limited, is a company engaged in the hospitality industry, and the dispute involved the terms of an enterprise agreement proposed between the company and its employees. The Fair Work Commission was the tribunal before which the application was made.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum rates of pay, entitlements, and conditions that met or exceeded the relevant national employment standards. The Commission also needed to consider if the agreement had been made in good faith and if it had been appropriately negotiated.

The Commission found that the proposed agreement was compliant with the statutory requirements. It met all the necessary criteria, including ensuring that employees were provided with rates of pay and conditions that were at least equivalent to the national employment standards. Furthermore, the Commission was satisfied that the agreement had been made in good faith and had been the result of genuine negotiations between the parties. The Commission approved the application, acknowledging the balance of the agreement in meeting the needs of both the employer and the employees.

The final orders of the Commission included the approval of the Dixon Hospitality Enterprise Agreement 2016, subject to its registration with the Fair Work Commission. The agreement was to come into effect on the date of the Commission's decision, ensuring that all terms and conditions were legally enforceable from that point forward.

Dixon Hospitality Limited

DECISION

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