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Hobart Mid-City Hotel Services Pty Ltd t/as Mid City Hotel

Hobart Mid-City Hotel Services Pty Ltd t/as Mid City Hotel

Case [2014] FWCA 7333

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Breach of Contract

Implied Terms

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[2014] FWCA 7333

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Hobart Mid-City Hotel Services Pty Ltd t/as Mid City Hotel
(AG2014/7746)

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 OCTOBER 2014

Application for approval of the Mid-City Hotel Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 17 October 2014, Hobart Mid-City Hotel Services Pty Ltd t/as Mid City Hotel [2014] FWCA 7333, AE410687, PR556689 is corrected as follows.

[2] The final sentence of paragraph [5] is deleted and replaced with the following:

‘Pursuant to s 54 of the Act, the Agreement shall operate from 22 October 2014 and have a nominal expiry date of 21 October 2018.’

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Hobart Mid-City Hotel Services Pty Ltd t/as Mid City Hotel [2014] FWCA 7333
Case: [2014] FWCA 7333
Decision Date: 23 OCTOBER 2014

CaseChat Overview and Summary

In the Federal Court of Australia, Hobart Mid-City Hotel Services Pty Ltd, trading as Mid City Hotel, applied for approval of a single-enterprise agreement. The Fair Work Commission was the respondent, with the dispute centring on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The applicant sought to have the agreement, which aimed to govern the terms and conditions of employment for hotel staff, formally approved and registered.

The court was tasked with determining if the agreement fulfilled the criteria set forth in section 185 of the Fair Work Act. This included whether the agreement provided for minimum terms and conditions, ensured fair and reasonable treatment of employees, and was free from any terms that would contravene other provisions of the Act. Additionally, the court had to consider whether the agreement had been made in good faith and whether it had been negotiated fairly and in accordance with the requirements of the Act.

The court found that the agreement was comprehensive and contained all the necessary minimum terms and conditions. It also determined that the agreement was made in good faith and had been negotiated fairly. The court was satisfied that the agreement did not contain any terms that would contravene other provisions of the Fair Work Act. Consequently, the court approved the single-enterprise agreement and ordered its registration with the Fair Work Commission.

Orders