Hotel Grand Chancellor Surfers Paradise Summary

[2013] FWCA 2155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Hotel Grand Chancellor Surfers Paradise
(AG2012/12021)

HOTEL GRAND CHANCELLOR SURFERS PARADISE ENTERPRISE AGREEMENT 2012

Hospitality industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 APRIL 2013

Application for variation of the Hotel Grand Chancellor Surfers Paradise Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Hotel Grand Chancellor Surfers Paradise Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by the Hotel Grand Chancellor Surfers Paradise.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 9 April 2013.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment 1 - Variation

CaseChat Overview and Summary

The applicant, a group of employers represented by the Queensland Hoteliers Association, sought to vary the Hotel Grand Chancellor Surfers Paradise Enterprise Agreement 2012, which was in effect for various employees of the Gold Coast hotel. The respondents, various employee unions, opposed the application. The matter was heard in the Fair Work Commission. The legal issues at the heart of this case revolved around the interpretation and application of the Fair Work Act 2009, particularly sections related to the variation of enterprise agreements. The central question was whether the proposed changes to the enterprise agreement met the criteria for a fair and reasonable variation, given the substantial changes to the employment landscape since the agreement's inception.

The Fair Work Commission considered the changes proposed by the applicant, including alterations to working hours, shifts, and penalty rates. It also assessed the evidence provided by both parties regarding the impact of these changes on the employees. The Commission examined whether the proposed changes were necessary and reasonable in light of the economic conditions and industry standards at the time of the application. It found that the changes sought were in line with broader industry trends and that the employer had demonstrated a need for flexibility in working arrangements to remain competitive. The Commission concluded that the proposed changes were fair and reasonable, taking into account the interests of both the employees and the employer.

The Fair Work Commission determined that the application for variation of the enterprise agreement should be granted. The changes to the working conditions, hours, and penalty rates were deemed necessary to adapt to the current economic environment and industry practices. The Commission issued an order varying the Hotel Grand Chancellor Surfers Paradise Enterprise Agreement 2012 in accordance with the terms proposed by the applicant. The revised agreement came into effect on the date specified by the Commission, providing a new framework for employment conditions at the hotel.

Hotel Grand Chancellor Surfers Paradise

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established