Noosa Pacific Hotel Pty Ltd T/A Sofitel Noosa Pacific Resort

[2024] FWCA 2918

[2024] FWCA 2918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Noosa Pacific Hotel Pty Ltd T/A Sofitel Noosa Pacific Resort

(AG2024/2623)

NOOSA PACIFIC HOTEL PTY LTD ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT LAKE	BRISBANE, 6 AUGUST 2024

Application for termination of the Noosa Pacific Hotel Pty Ltd Enterprise Agreement 2015

1. Noosa Pacific Hotel Pty Ltd (the Applicant) filed an application for the termination of the Noosa Pacific Hotel Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement with a nominal expiry date of 16 March 2019. The United Voice as part of the United Workers Union is covered by the Agreement.

1. The Applicant seeks to terminate the Agreement on the basis that the Agreement was no longer suitable for the current trading environment of the hotel, and it would be more appropriate for the hotel to operate under the Hospitality Industry (General) Award 2020.

1. I am satisfied that the Application is properly made under s.222 of the Act. Section 223 provides that the Commission must approve a termination of an enterprise agreement if:

   223  When the FWC must approve a termination of an enterprise agreement

   If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

   (a)     the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

   (b)    the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

   (c)     the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

   (d)    the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

1. The Form F24A declaration of Mark Wilkinson (General Manager of the Applicant), states that a ballot of employees conducted by electronic means between 28 June 2024 and 30 June 2024 resulted in a majority of employees who participated in the ballot, voting in support of termination of the Agreement.

1. The United Workers’ Union wrote to my chambers on 29 July 2024 and advised that they support the application filed by the Applicant in this matter.

1. Based on the material contained in the employer’s declaration filed with the application, I am satisfied that employees were afforded a reasonable opportunity to approve the termination of the Agreement (s.223(a)) and that a valid majority of employees covered by the Agreement approved its termination (s.223(b)).

1. I am also satisfied that there are no other grounds for believing that employees have not agreed to the termination of the Agreement (s. 223(c)) and that it is appropriate to terminate the Agreement taking into account the views of the UWU (s. 223(d)). Having been satisfied as to each of the relevant requirements in s.223, I will terminate the Agreement.

1. The termination will operate from 11 August 2024.

DEPUTY PRESIDENT

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