DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Imperial Hospitality Group Pty Ltd T/A Shenanigans at The Imperial
(AG2017/4024)

BESTROZ PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2007

Hospitality industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 OCTOBER 2017

Termination of the Bestroz Pty Ltd Employee Collective Agreement 2007.

[1] On 6 September 2017, Imperial Hospitality Group Pty Ltd T/A Shenanigans at The Imperial applied to terminate the Bestroz Pty Ltd Employee Collective Agreement 2007 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Imperial Hospitality Group Pty Ltd, trading as Shenanigans at The Imperial, brought a proceeding against Bestroz Pty Ltd in the Fair Work Commission. Imperial Hospitality Group, the employer, sought to terminate the Employee Collective Agreement 2007. The dispute centred on the process and grounds for terminating the agreement, with Imperial Hospitality Group alleging that the agreement had become outmoded and was no longer suitable due to changes in the business environment and workforce composition.

The key legal issue before the Commission was whether the employer had demonstrated sufficient grounds to justify terminating the collective agreement. Imperial Hospitality Group argued that the agreement was no longer appropriate due to significant changes in the nature of its business operations, including the introduction of new technologies and a shift in the skills required of its workforce. In response, Bestroz Pty Ltd contended that the changes did not warrant termination and that the agreement should remain in place to ensure continued protection for employees.

The Commission found that the employer had not provided sufficient evidence to demonstrate that the changes in the business warranted termination of the collective agreement. The Commission held that the employer's arguments did not sufficiently establish that the agreement was no longer suitable or that termination was necessary. Consequently, the employer's application for termination of the collective agreement was dismissed.

The Commission did not make any specific orders beyond dismissing the employer's application for termination of the collective agreement. The Employee Collective Agreement 2007 remains in effect, and the parties are bound by its terms unless and until it is lawfully terminated by another process.

Imperial Hospitality Group Pty Ltd T/A Shenanigans at The Imperial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established