Papps Nominees Pty Ltd t/as Royal Exhange Hotel

[2015] FWCA 3149

[2015] FWCA 3149

FAIR WORK COMMISSION

DECISION

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

Papps Nominees Pty Ltd t/as Royal Exhange Hotel
(AG2015/2460)

ROYAL EXCHANGE HOTEL (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 6 MAY 2015

Application for approval of the Royal Exchange Hotel (Casual Employees) Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Papps Nominees Pty Ltd t/as Royal Exchange Hotel (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Royal Exchange Hotel (Casual Employees) Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was is to cover 23 employees who are employed at the applicant’s hotel in Kadina, South Australia.

[2] The employees were last notified of their representational rights on 8 February 2015, and voting for the Agreement’s approval took place between 10 and 14 April 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 23 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 21 April 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Papps, Licensee identified the Hospitality Industry (General) Award 2010 [MA000009], the Hotels, Clubs, Etc., Award [AN150066] and the Clerks (Clubs, Hotels and Motels) Award [AN150037] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Pappssaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments in that there are reduced penalty rates for casual employees on Sundays and public holidays. However, the Agreement provides more generous loadings (50%) for casual employees on Monday to Friday and more beneficial classification levels for persons appointed as Gaming Managers and Responsible Persons under the relevant gaming and liquor licensing legislation. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 13 respectively, and a disputes resolution procedure at clause 14 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 6 May 2015, Mr O Webb of the Australian Hotels Associationappeared with Mr S Papps for the applicant. Mr Webb 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. He explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[5] Having heard the applicant’s 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 Royal Exchange Hotel (Casual Employees) Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 13 May 2015 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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