DECISION

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

Francast Pty Ltd T/A Elephant and Castle Hotel
(AG2015/6702)

ELEPHANT AND CASTLE HOTEL/UNITED VOICE ENTERPRISE AGREEMENT 2015-2019

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 3 DECEMBER 2015

Application for approval of the Elephant and Castle Hotel/United Voice Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Elephant and Castle Hotel/United Voice Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Francast Pty Ltd T/A Elephant and Castle Hotel. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice (UV), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Francast Pty Ltd, trading as the Elephant and Castle Hotel, and United Voice, a union representing the hotel's employees. The dispute centred around the application for approval of the Elephant and Castle Hotel/United Voice Enterprise Agreement 2015-2019. The application was heard by the Fair Work Commission.

The primary legal issues the Commission needed to address were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum terms and conditions for the employees, and if it was fairly negotiated and in the interests of the employees.

The Fair Work Commission found that the agreement satisfied the required criteria. The agreement provided a comprehensive safety net for the employees, covering essential terms and conditions such as wages, hours of work, leave entitlements, and other benefits. The Commission was satisfied that the agreement had been fairly negotiated, with both parties engaging in good faith and reaching a consensus on the terms. Furthermore, the agreement was deemed to be in the interests of the employees, considering the economic context and the need for fair and equitable terms.

The Fair Work Commission approved the Elephant and Castle Hotel/United Voice Enterprise Agreement 2015-2019, confirming its compliance with the statutory requirements. This decision ensures that the employees of the Elephant and Castle Hotel will be protected by the agreed terms and conditions during the specified period.

Francast Pty Ltd T/A Elephant and Castle Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established