Lord Forrest Nominees Pty Ltd t/as Quality Hotel Lord Forrest

[2014] FWCA 1660

[2014] FWCA 1660

FAIR WORK COMMISSION

DECISION

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

Lord Forrest Nominees Pty Ltd t/as Quality Hotel Lord Forrest
(AG2014/382)

LORD FORREST NOMINEES PTY LTD T/A QUALITY LORD FORREST HOTEL ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 MARCH 2014

Application for approval of the Lord Forrest Nominees Pty Ltd T/A Quality Lord Forrest Hotel Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Forrest Nominees Pty Ltd t/as Quality Hotel Lord Forrest (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Lord Forrest Nominees Pty Ltd T/A Quality Lord Forrest Hotel Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with four Employee Bargaining Representatives. The Agreement is to cover 40 employees who are employed at the applicant’s hotel in Bunbury, Western Australia.

[2] The employees were last notified of their representational rights on 6 August 2013, and voting for the Agreement’s approval took place between 17 and 21 February 2014. The time limits under s 181(2) of the Act are thereby satisfied. 26 of the 28 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 7 March 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R McGlew, 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 McGlewsaid 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 annual leave loading and penalty rates for work performed on weekends and public holidays have been ‘loaded’ into a higher flat base rate of pay. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 33 and 34 respectively, and a disputes resolution procedure at clause 32 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 March 2014, Mr R Littlewood of Workwise Advisory Servicesappeared with Mr R McGlew for the applicant. Mr Littlewood 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 the base rates of pay under the agreement were 8% higher than those under the Modern Award. He also offered to provide an undertaking to correct the nominal expiry date of the Agreement. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’.

[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, 188, 190, 191 and 192 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Lord Forrest Nominees Pty Ltd T/A Quality Lord Forrest Hotel Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 14 March 2014 and have a nominal expiry date of 14 March 2017.

DEPUTY PRESIDENT

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