Hambo Hotel Pty Ltd t/as Hambledon Hotel

[2015] FWCA 1429

[2015] FWCA 1429

FAIR WORK COMMISSION

DECISION

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

Hambo Hotel Pty Ltd t/as Hambledon Hotel
(AG2015/282)

HAMBO HOTEL PTY LTD ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 3 MARCH 2015

Application for approval of the Hambo Hotel Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Hambo Hotel Pty Ltd t/as Hambledon Hotel (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Hambo Hotel Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and is to cover all 30 employees who are engaged at the Hotel. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 3 December 2014, and voting for the Agreement’s approval took place on 23 January 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 22 employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 16 February 2015. Pursuant to s 185(3)(b) of the Act, I believe it would be fair, in the circumstances, to extent the time for filing the application for approval of the Agreement.

[3] In the Employer’s declaration in support of the application (Form F17) Stephen Cross, Hotel Manager, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Cross said the Agreement contains terms that were both more beneficial and less beneficial than the Award. Mr Cross submitted that overall, he believed that the agreement passed the BOOT. The Agreement provides that rates of pay are to be increased by 1.5% on 1 July 2015, 1 December 2015 and 1 July 2016. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7.1 and 7.3, respectively, and a disputes resolution procedure at clause 2.5 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 2 March 2015, Mr D’Arcy, Solicitor,appeared for the applicant and Ms Winn for the Union. Also present at that hearing was Mr Stewart appearing on behalf of the employer. Mr D’Arcy outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He said the pay rates were significantly higher than the Award. Ms Winn agreed that the Agreement passed the BOOT and should be approved. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Hambo Hotel Pty Ltd Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 9 March 2015, and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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