GH Operations Pty Ltd T/A Grand Hyatt Melbourne Summary

[2013] FWCA 5790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Operations Pty Ltd T/A Grand Hyatt Melbourne
(AG2013/2330)

GRAND HYATT MELBOURNE MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 AUGUST 2013

Application for approval of the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by GH Operations Pty Ltd T/A Grand Hyatt Melbourne. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 22 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Operations Pty Ltd, trading as Grand Hyatt Melbourne, applied for the approval of the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The nature of the dispute centred on the terms and conditions of employment for maintenance workers at the hotel, as stipulated in the proposed enterprise agreement.

The legal issues the court needed to address included whether the agreement provided for appropriate minimum terms and conditions, whether it was procedurally valid, and whether it was in the best interests of the employees. Additionally, the court had to consider if the agreement met the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission carefully reviewed the terms of the proposed agreement and the evidence presented by both parties. It found that the agreement provided for appropriate minimum terms and conditions, adhered to procedural fairness, and was in the best interests of the employees. The Commission also confirmed that the agreement met all statutory requirements under the Fair Work Act. Consequently, the court approved the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2013. This decision ensures that the terms of employment for the maintenance workers are legally sound and beneficial to both the employees and the employer.

GH Operations Pty Ltd T/A Grand Hyatt Melbourne

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established