EP6 Management Pty Ltd T/A Double Tree by Hilton Melbourne - Flinders Street

[2020] FWCA 1627

[2020] FWCA 1627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EP6 Management Pty Ltd T/A Double Tree by Hilton Melbourne - Flinders Street
(AG2019/4529)

HILTON HOTELS AUSTRALIA TEAM MEMBER AGREEMENT 2019

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2020

Application for approval of the Hilton Hotels Australia Team Member Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hilton Hotels Australia Team Member 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 EP6 Management Pty Ltd T/A Double Tree by Hilton Melbourne - Flinders Street. 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 as are relevant to this application for approval have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.4

•  Clause 33.6

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2020. The nominal expiry date of the Agreement is 25 March 2024.

COMMISSIONER

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Annexure A