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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved EP6 Management Pty Ltd, trading as Double Tree by Hilton Melbourne - Flinders Street, and various employees represented by the Hospitality Industry Employees Union. The matter pertained to the application for approval of the Hilton Hotels Australia Team Member Agreement 2019. The dispute centred on the terms and conditions of employment for team members, including provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically sections 230 and 231. The Commission needed to determine if the agreement provided a safety net of minimum entitlements, facilitated a fast, efficient, and low-cost system for resolving disputes, and was in the best interests of the employees. Additionally, the Commission considered whether the agreement appropriately balanced the rights and obligations of employers and employees, and whether it provided for effective dispute resolution processes.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement against the statutory criteria. It found that the agreement provided for a safety net of minimum entitlements, as it incorporated standard award terms and conditions and ensured that employees were not disadvantaged. The Commission also noted that the agreement included an efficient and low-cost dispute resolution process, which was likely to be effective in resolving workplace disputes. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it offered protections and benefits that aligned with the objectives of the Fair Work Act. The Commission approved the Hilton Hotels Australia Team Member Agreement 2019, noting that it met the necessary statutory requirements and balanced the interests of both parties.

The Commission's final orders included the approval of the Hilton Hotels Australia Team Member Agreement 2019, effective from the date of the decision. The agreement was to be registered and published as required by the Fair Work Act, and it was to apply to all team members employed by EP6 Management Pty Ltd at the specified hotel. This decision ensured that the terms and conditions of employment were governed by the approved agreement, providing a framework for future workplace relations between the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established