DECISION

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

Franlione Pty Ltd T/A Port Noarlunga Hotel
(AG2015/6687)

PORT NOARLUNGA HOTEL/UNITED VOICE ENTERPRISE AGREEMENT 2015-2019

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 3 DECEMBER 2015

Application for approval of the Port Noarlunga Hotel/United Voice Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Port Noarlunga 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 Franlione Pty Ltd T/A Port Noarlunga 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 applicants, Franlione Pty Ltd trading as the Port Noarlunga Hotel, sought approval of a proposed enterprise agreement under the Fair Work Act 2009 (Cth) from the Fair Work Commission. The respondents, United Voice Enterprise Agreement 2015-2019, represented the interests of employees at the Port Noarlunga Hotel. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically whether it met the legal requirements for approval under the Act. The Commission heard arguments from both parties regarding the fairness and compliance of the proposed agreement with the statutory requirements.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in all its terms. This involved assessing whether the agreement complied with the various statutory tests outlined in the Fair Work Act, including whether it provided for fair remuneration and conditions, and whether it was free from any coercion, undue influence or discrimination. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for genuine bargaining between the parties.

The Commission determined that the proposed enterprise agreement was fair and reasonable. It found that the agreement was made in good faith and provided for genuine bargaining. The remuneration and conditions were fair and reasonable, and there was no evidence of coercion, undue influence or discrimination. Furthermore, the Commission noted that the agreement provided for a fair balance of interests between the employer and employees, and met all the statutory requirements for approval. The Commission approved the proposed enterprise agreement, allowing it to take effect as of the specified commencement date.

The Fair Work Commission approved the proposed enterprise agreement, finding it to be fair and reasonable in all its terms. The agreement was made in good faith, provided for genuine bargaining, and met all statutory requirements for approval. The Commission noted that the agreement provided for fair remuneration and conditions, and there was no evidence of coercion, undue influence or discrimination. The agreement was approved and is now in effect.

Franlione Pty Ltd T/A Port Noarlunga Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established