Legend Land Perth Pty Ltd T/A Holiday Inn Perth City Centre

[2021] FWCA 4381

[2021] FWCA 4381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Legend Land Perth Pty Ltd T/A Holiday Inn Perth City Centre
(AG2021/6333)

HOLIDAY INN PERTH CITY CENTRE ENTERPRISE AGREEMENT 2011-2012

Hospitality industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JULY 2021

Application for termination of the Holiday Inn Perth City Centre Enterprise Agreement 2011-2012.

[1] On 21 July 2021, Legend Land Perth Pty Ltd T/A Holiday Inn Perth City Centre (the Applicant) applied pursuant to s 222 of the Fair Work Act 2009 (Cth) (the Act) to terminate the Holiday Inn Perth City Centre Enterprise Agreement 2011-2012 1(the Agreement).

[2] The Agreement in question covered Legend Land Perth Pty Ltd T/A Holiday Inn Perth City Centre pursuant to the decision and order of this Commission in Legend Land Perth Pty Ltd. 2

[3] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s 222 of the Act. Section 223 of the Act is as follows:

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[4] The application was made in the requisite timeframe, 3 and was supported by a declaration (Form F24A) from the Applicant. The declaration set out, among other things, that the employees covered by the Agreement were notified of the time and place of the vote and that of the valid votes cast, a majority of the employees approved the termination of the Agreement.

[5] On 22 July 2021, the United Workers’ Union was invited to provide its views on the Application. 4 It did not oppose the application.

[6] Having considered the material before me, including the declaration with accompanying annexures of Mr Deane Palmer, the General Manager of Holiday Inn Perth City Centre, I am satisfied that the requirements of s 223 of the Act have been met. Therefore, in accordance with s 223, I must terminate the Agreement. The application to terminate the Agreement is approved.

[7] The termination will take effect from the date of this decision.

DEPUTY PRESIDENT

 1   [2011] FWAA 2595.

 2   [2018] FWC 2707; PR607085.

 3 Section 222(3) of the Fair Work Act 2009 (Cth).

 4 Section 223(d) of the Fair Work Act 2009 (Cth).

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