DECISION

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

North East Hotel Pty Ltd T/A OG Hotel
(AG2015/6695)

OG HOTEL/UNITED VOICE ENTERPRISE AGREEMENT 2015-2019

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 3 DECEMBER 2015

Application for approval of the OG Hotel/United Voice Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the OG Hotel/United Voice Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North East Hotel Pty Ltd T/A OG Hotel. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice (UV), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case of North East Hotel Pty Ltd T/A OG Hotel involved a dispute regarding the approval of the OG Hotel/United Voice Enterprise Agreement 2015-2019. The applicant, North East Hotel Pty Ltd, trading as OG Hotel, sought the court's approval for the enterprise agreement which outlined the terms and conditions of employment for certain employees within the hotel. United Voice, a trade union, was a party to the agreement and supported its approval. The matter was heard in the Fair Work Commission of Australia.

The central legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it had been properly negotiated. Additionally, the court needed to consider if the agreement included appropriate mechanisms for dispute resolution and if it adequately protected the rights of employees.

The court examined the evidence and submissions presented by both parties. It found that the OG Hotel/United Voice Enterprise Agreement 2015-2019 was made in good faith and included fair and reasonable terms and conditions. The court was satisfied that the agreement was the product of proper negotiation and that it contained appropriate dispute resolution mechanisms. Furthermore, the court concluded that the agreement adequately protected the rights of employees. Based on these findings, the court approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the OG Hotel/United Voice Enterprise Agreement 2015-2019. The agreement was to be registered and would come into effect from the date of the approval decision. The court's decision ensured that the terms and conditions of employment for the employees covered by the agreement were legally binding and enforceable.

North East Hotel Pty Ltd T/A OG Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established