Inn Hospitality Pty Ltd

[2015] FWCA 4538

[2015] FWCA 4538

FAIR WORK COMMISSION

DECISION

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

Inn Hospitality Pty Ltd
(AG2015/1471)

INN HOSPITALITY PTY LTD ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 6 JULY 2015

Application for approval of the Inn Hospitality Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Inn Hospitality Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Inn Hospitality Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 10 employees who are engaged in the provision of hospitality services to third parties, pursuant to contractual arrangements entered into with the applicant.

[2] The employees were last notified of their representational rights on 7 May 2015, and voting for the Agreement’s approval took place on 3 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, 5 of the 6 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Evans, General Manager, 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 Evanssaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. However, this is not strictly true, as the Agreement does not provide for penalty rates for work performed on weekends and public holidays and these have been ‘loaded’ into higher base rates of pay. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 22 respectively, and a disputes resolution procedure at clause 25 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 29 June 2015, Mr D Evans appeared for the applicant. Mr Evans 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 10% above those paid under the Award and that they are guaranteed to be 3% above minimum Award rates at all times.

[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 Inn Hospitality Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 6 July 2015 and have a nominal expiry date of 5 July 2019.

DEPUTY PRESIDENT

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