DECISION

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

Frandorf Pty Ltd T/A German Arms Hotel
(AG2015/7439)

GERMAN ARMS HOTEL/UNITED VOICE ENTERPRISE AGREEMENT 2015-2019

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 10 DECEMBER 2015

Application for approval of the German Arms Hotel/United Voice Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the German Arms 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 Frandorf Pty Ltd T/A German Arms 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] 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 17 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Frandorf Pty Ltd trading as the German Arms Hotel, an application was brought before the Fair Work Commission to approve an enterprise agreement. The dispute arose due to negotiations between the hotel management and United Voice, a union representing the employees. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement adhered to the procedural requirements outlined in the Act, and if it contained all the mandatory provisions as required by the law. Additionally, the Commission had to assess if the agreement promoted harmonious, productive, and cooperative workplace relationships. The Commission also considered the views of employees and the fairness of the terms of the agreement.

In its decision, the Commission found that the agreement complied with the necessary procedural requirements and included all mandatory provisions. The Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relationships. The Commission noted that the majority of employees had voted in favour of the agreement, and the terms were fair and reasonable. Therefore, the Commission approved the German Arms Hotel/United Voice Enterprise Agreement 2015-2019.

Frandorf Pty Ltd T/A German Arms Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established