Martin v Repeller Nominees Pty Limited & Ors (No.2)

In *Martin v Repeller Nominees Pty Limited & Ors (No.2)*, the applicant, Mr Martin, brought proceedings against Repeller Nominees Pty Limited and two other respondents, alleging breaches of the *Hospitality Industry (General) Award 2010* (the Award). The dispute concerned whether Mr Martin's role as a hotel manager fell within the definition of "hotel manager" or "senior management" as contemplated by the Award, and consequently, whether he was entitled to certain entitlements under it.

The central legal issue before Cameron J was the proper construction of the Award, specifically the definitions and scope of "hotel manager" and "senior management". The court was required to determine whether Mr Martin's duties and responsibilities aligned with the classifications excluded from the Award's coverage, or if he was an employee to whom the Award applied. A further issue, contingent on the primary construction question, was the potential for accessorial liability on the part of the other respondents if breaches of the Award were found.

Cameron J reasoned that the classification of an employee under an award is determined by the actual duties performed, rather than by their title. His Honour examined the specific responsibilities undertaken by Mr Martin, including his level of autonomy, decision-making authority, and the extent of his supervisory duties. The court applied principles of award interpretation, focusing on the plain meaning of the award provisions and the context in which they were drafted. Ultimately, Cameron J found that Mr Martin's role did not meet the criteria for exclusion as a "hotel manager" or "senior management" under the Award, meaning the Award did apply to his employment.