Roma Hotel Pty Ltd t/as Hotel Jen Brisbane

[2015] FWCA 1023

[2015] FWCA 1023

FAIR WORK COMMISSION

DECISION

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

Roma Hotel Pty Ltd t/as Hotel Jen Brisbane
(AG2015/1724)

HOTEL JEN BRISBANE ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 20 FEBRUARY 2015

Application for approval of the Hotel Jen Brisbane Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Roma Hotel Pty Ltd t/as Hotel Jen Brisbane (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Hotel Jen Brisbane Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 91 employees, excluding electricians, who are employed at the applicant’s hotel in Brisbane. 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 8 January 2014, and voting for the Agreement’s approval was completed on 14 January 2015. The time limits under s 181(2) of the Act are satisfied. In a vote for the Agreement’s approval, 39 of the 47 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 January 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C West, Human Resources Manager, identified the Hospitality Industry (General) Award 2010 [MA000009], the Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 [AP783479], the Liquor and Accommodation Industry - Hotels, Resorts and Gaming - (Managerial Staff)- Award 2003 [AP821899]and the Clerical Award - Hotels, Resorts and Certain other Licensed Premises - State (South East Queensland) 2002 [AN140064]as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Westsaid that the Agreement provides for a higher rate of pay, but with the removal or modification of a number of penalty rates and allowances. Nevertheless, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 9 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 February 2015, Mr C Lentini of the Queensland Hotels Associationappeared with Ms C West for the applicant. Mr Lentini 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 the Agreement does provide for penalty rates for public holidays, but others have been absorbed into the higher rate of pay. Calculations had been undertaken to demonstrate that employees would be better off under the Agreement rather than under the Awards. The rates of pay are to be increased by 2% on 1 July of each year during the nominal term of the Agreement.

[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 Hotel Jen Brisbane Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 17 February 2015 and have a nominal expiry date of 17 February 2018.

DEPUTY PRESIDENT

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