Hollywood Showgirls Pty Ltd T/A Hollywood Showgirls

[2015] FWCA 2704

[2015] FWCA 2704

FAIR WORK COMMISSION

DECISION

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

Hollywood Showgirls Pty Ltd T/A Hollywood Showgirls
(AG2015/701)

HOLLYWOOD SHOWGIRLS SECURITY ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 APRIL 2015

Application for approval of the Hollywood Showgirls Security Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Hollywood Showgirls Pty Ltd t/as Hollywood Showgirls (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Hollywood Showgirls Security Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 9 employees who are employed as security staff at the applicant’s nightclub in Surfers Paradise, Queensland. 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 30 November 2014, and voting for the Agreement’s approval took place between 20 and 22 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 6 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 26 March 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr C Duffy, Director 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 Duffysaid that the Agreement does provide some terms and conditions that are less beneficial than those under the Award, in that there the Agreement does not provide for penalty rates for work performed on weekends, late in the evening or early in the morning or for annual leave loading. However, the Agreement provides for significantly higher base rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 25 and 26 respectively, and a disputes resolution procedure at clause 24 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 15 April 2015, Mr S Champion of ER Stategies Pty Ltdappeared for the applicant. Mr Champion 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 explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[5] 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 Hollywood Showgirls Security Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 22 April 2015 and have a nominal expiry date of 31 January 2019.

DEPUTY PRESIDENT

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