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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Mowla Pty Ltd trading as Sofitel Melbourne On Collins, applied to the Supreme Court of Victoria for approval of the Sofitel Melbourne On Collins (Maintenance) Agreement 2016. The application followed a dispute between the applicant and the respondent, the City of Melbourne, over the maintenance of the hotel premises. The City of Melbourne, the respondent, opposed the application, arguing that the agreement did not comply with the relevant statutory provisions.

The primary legal issues before the court were whether the agreement met the requirements of the Planning Act 1987, specifically sections 4.1.1 and 4.1.4, which mandate the maintenance of public open space and the upkeep of any works in the public open space. The court also needed to determine if the agreement's terms were reasonable and fair, and if they adequately ensured the maintenance of the public open space and the hotel works.

The court found that the agreement did not explicitly state the responsibilities of each party regarding the maintenance of the public open space and the hotel works. The court emphasised the importance of clarity in such agreements to avoid future disputes. Despite the lack of clarity, the court held that the overall purpose of the agreement was to ensure the maintenance of the public open space and the hotel works. Consequently, the court approved the agreement, highlighting the need for future agreements to include more detailed and explicit terms to avoid similar issues. The court's approval was subject to the condition that the agreement be amended to include clear and specific maintenance responsibilities for both parties.

Mowla Pty Ltd T/A Sofitel Melbourne On Collins

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established