Meng v Havacom Pty Ltd Trading as Quest Mandurah

The applicant, Yiqin Meng, commenced proceedings in the Federal Circuit Court of Australia against the respondent, Havacom Pty Ltd trading as Quest Mandurah, alleging underpayments pursuant to the Hospitality Industry (General) Award 2010 (Cth). The applicant claimed she had been employed as a full-time or part-time hotel manager and had been paid only an overnight stay allowance, rather than the appropriate rate for overnight shifts. The respondent denied these claims, asserting that the applicant had been paid all entitlements owed to her.

The central legal issues before the Court were whether the respondent's premises constituted a "hotel" or "resort" for the purposes of the Award, and consequently, whether the applicant's role and remuneration aligned with the Award's classifications. Specifically, the Court had to determine if the applicant was entitled to payment for overnight shifts as a manager, or if her entitlement was limited to an overnight stay allowance as paid by the respondent. The Court also considered whether the applicant's employment contract contained implied terms that had not been met.

Judge Kendall determined that the respondent's business was not a "hotel" or "resort" as defined by the Award, noting that the term "hotel" did not extend to serviced apartments, a point clarified by recent case law. The Court found that the applicant did not work an "overnight shift" in the sense contemplated by the Award, but rather was compensated with an overnight stay allowance for her on-call availability. Furthermore, the Court found no evidence to support the applicant's submissions regarding contractual terms or entitlements beyond those already paid. The Court also refused an adjournment sought by the applicant, finding that the respondent's defence had not fundamentally changed and that the applicant could adequately present her case.

The application was dismissed.