DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Narellan Motor Inn Pty Ltd
(AG2017/5372)

NARELLAN MOTOR INN ENTERPRISE BARGAINING AGREEMENT 2017

Hospitality industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Narellan Motor Inn Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Narellan Motor Inn Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Narellan Motor Inn Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 15 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Narellan Motor Inn Pty Ltd was before the Fair Work Commission, where the matter was an application for the approval of the Narellan Motor Inn Enterprise Bargaining Agreement 2017. The applicant, Narellan Motor Inn, sought the approval of the agreement which was made between the company and the union representing the employees. The union contested the application on various grounds, raising concerns over the fairness and appropriateness of certain clauses within the agreement.

The primary legal issue before the Commission was whether the terms of the proposed agreement were fair and appropriate, as required by the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement met the 'better off overall test', which requires that employees be no worse off financially and have at least one additional benefit compared to the applicable award or previous agreement. The union argued that certain provisions of the agreement did not meet this test and were, therefore, unfair.

In reaching its decision, the Commission considered the overall context of the agreement, including the economic conditions affecting the industry, the bargaining power of the parties, and the specific terms of the agreement. The Commission found that while some provisions of the agreement did not meet the better off overall test, others did. After weighing all factors, the Commission concluded that the agreement was fair and appropriate overall. It approved the agreement on the condition that certain amendments be made to address the union's concerns.

The Fair Work Commission approved the Narellan Motor Inn Enterprise Bargaining Agreement 2017, subject to the conditions that certain amendments be made to specific provisions to ensure compliance with the better off overall test. These amendments were to be communicated to the parties and implemented before the agreement came into effect.

Narellan Motor Inn Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established