Noosa Pacific Hotel Pty Ltd T/A Sheraton Noosa Resort & Spa

[2016] FWCA 1580

[2016] FWCA 1580 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Noosa Pacific Hotel Pty Ltd T/A Sheraton Noosa Resort & Spa
(AG2016/2157)

SHERATON NOOSA RESORT & SPA ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 MARCH 2016

Application for approval of the Sheraton Noosa Resort & Spa Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Noosa Pacific Hotel Pty Ltd T/A Sheraton Noosa Resort & Spa (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sheraton Noosa Resort & Spa Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 186 employees who are employed in operational roles, other than Managers, at a hotel in Noosa, Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 13 November 2015, and voting for the Agreement’s approval took place on 15 and 16 January 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 58 of the 78 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 January 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Williams, Human Resources Manager, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Williamssaid that the Agreement does not provide for penalty rates for full time and part time employees on weekends and a lower penalty rate on public holidays. However, these have been ‘loaded’ into higher base rates of pay and the Agreement also provides for an increased tool allowance, enhanced long service leave entitlements and reduced daily maximum ordinary hours. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 34 and 33 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 9 March 2016, Ms B Seeto, Solicitorappeared with Ms J Williams and Ms V Birrell for the applicant and Mr S Ong and Mr S Johnson for the Union. Ms Seeto outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms Seeto explained that the base rates of pay are 16-30% higher than those under the Award and that rates of pay are to be increased by 2.3% on 1 July 2016, 1 July 2017 and 1 July 2018. Mr Ong supported the submissions of Ms Seeto. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Sheraton Noosa Resort & Spa Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 16 March 2016 and have a nominal expiry date of 16 March 2019.

DEPUTY PRESIDENT

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