Harper Cove Pty Ltd and Oliver Cove Pty Ltd t/as Wheatsheaf Hotel

[2016] FWCA 7500

[2016] FWCA 7500

FAIR WORK COMMISSION

DECISION

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

Harper Cove Pty Ltd and Oliver Cove Pty Ltd t/as Wheatsheaf Hotel
(AG2016/5965)

WHEATSHEAF HOTEL/UNITED VOICE ENTERPRISE AGREEMENT 2016-2020

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 18 OCTOBER 2016

Application for approval of the Wheatsheaf Hotel/United Voice Enterprise Agreement 2016-2020.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Harper Cove Pty Ltd and Oliver Cove Pty Ltd t/as Wheatsheaf Hotel (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Wheatsheaf Hotel/United Voice Enterprise Agreement 2016-2020 (the ‘Agreement’). The Agreement was negotiated with United Voice (South Australian Branch) (the ‘Union’). The Agreement is to cover 18 employees who are employed at the applicant’s hotel in Adelaide.

[1] The employees were last notified of their representational rights on 23 August 2016, and voting for the Agreement’s approval took place on 16 September 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 18 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 September 2016, thereby satisfying s 185(3) of the Act.

[2] In the Employer’s Declaration in support of the application (Form F17) Mr M Hall, Operations Manager identified the Hospitality Industry (General) Award [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Hallsaid that the Agreement provides for terms which are more beneficial than the reference instrument including higher casual loadings, more beneficial penalty rates on Saturdays as well as a higher rate of pay for part time employees. Mr Hall alsosaid that the Agreement provides for some terms which are less beneficial than the reference instrument including a small reduction in penalty rates on public holidays and Sundays. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. It is significant that all 18 current employees are casuals, they will all benefit from a 50% loading for all work performed. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 16 respectively, and a disputes resolution procedure at clause 17 provides for conciliation and arbitration by the Commission.

[3] At a hearing of the application on 12 October 2016, Mr O Webb of the Australian Hotels Association – South Australian Branchappeared for the applicant with Mr M Hall and Ms D Duke appeared on behalf of the Union. Mr Webb 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. 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.

[4] Having heard the applicant’s 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 Wheatsheaf Hotel/United Voice Enterprise Agreement 2016-2020.Pursuant to s 54 of the Act, the Agreement shall operate from 19 October 2016 and have a nominal expiry date of 30 June 2020.

DEPUTY PRESIDENT

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