DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Operations Pty Ltd T/A Grand Hyatt Melbourne
(AG2017/4141)

GRAND HYATT MELBOURNE MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GH Operations Pty Ltd T/A Grand Hyatt Melbourne. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved GH Operations Pty Ltd, trading as Grand Hyatt Melbourne, and its employees represented by the Australian Licensed Aircraft Engineers Association. The dispute centred on the approval of the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on the procedural fairness in the negotiation process and the overall fairness of the terms and conditions.

The central legal issues that the Commission needed to address included whether the agreement was genuinely negotiated, if there was procedural fairness in the negotiation process, and whether the terms and conditions of the agreement were fair. The Commission considered evidence on the negotiation process, including the timeliness and effectiveness of communication between the parties, and whether there was any undue influence or coercion exerted during the negotiations. Additionally, the Commission evaluated the terms and conditions of the agreement to assess if they were fair and reasonable, taking into account the economic and social context of the agreement.

In its decision, the Fair Work Commission found that the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2017 was genuinely negotiated, and there was procedural fairness in the negotiation process. The Commission noted that while there were some procedural issues, they did not significantly detract from the overall fairness of the negotiation process. Furthermore, the Commission determined that the terms and conditions of the agreement were fair, considering the specific circumstances of the workplace and the broader economic context. Consequently, the Commission approved the agreement, subject to the parties' compliance with certain conditions aimed at ensuring ongoing fairness and effectiveness of the agreement.

The final orders of the Commission included the approval of the Grand Hyatt Melbourne Maintenance Enterprise Agreement 2017, with specific conditions that the parties must adhere to, such as reporting requirements and provisions for further negotiation in the future. The Commission also directed the parties to take specific steps to ensure the agreement's continued fairness and effectiveness. This decision provides clarity and certainty for the parties involved and sets a precedent for similar enterprise agreements in the hospitality industry.

GH Operations Pty Ltd T/A Grand Hyatt Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established