Mowla Pty Ltd T/A Sofitel Melbourne On Collins

[2017] FWCA 2035

[2017] FWCA 2035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mowla Pty Ltd T/A Sofitel Melbourne On Collins
(AG2017/534)

SOFITEL MELBOURNE ON COLLINS (MAINTENANCE) AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2017

Application for approval of the Sofitel Melbourne On Collins (Maintenance) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sofitel Melbourne On Collins (Maintenance) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mowla Pty Ltd T/A Sofitel Melbourne On Collins. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

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<Price code G, AE423980  PR591764>