Ronald McDonald House South East Queensland Inc

[2017] FWCA 439

[2017] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s185 - Application for approval of a single-enterprise agreement

Ronald McDonald House South East Queensland Inc
(AG2016/7889)

RONALD MCDONALD HOUSE SOUTH EAST QUEENSLAND ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 20 JANUARY 2017

Application for approval of the Ronald McDonald House South East Queensland Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ronald McDonald House South East Queensland Inc (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Ronald McDonald House South East Queensland Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with seven nominated employee bargaining representatives (EBR) and is to cover 52 employees who are engaged in the applicant’s operations in 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.

[1] The employees were last notified of their representational rights on 18 July 2016, and voting for the Agreement’s approval took place between 5 to 9 December 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 24 of the 27 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 December, thereby satisfying s 185(3) of the Act.

[2] In the Employer’s Declaration in support of the application (Form F17) Mr C Macaulay, CEOidentified the Hospitality Industry Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Macaulaysaid that the Agreement provides for a number of more beneficial terms than the Award, including higher rates of pay (between 4-40% higher), the ability to salary sacrifice, a more beneficial travel allowance, higher penalty rates and longer minimum shift engagements. Mr Macaulay said the Agreement provides for some terms which are less beneficial, including a slightly longer maximum shift length as well as less beneficial overtime rates. Rates of pay are to be adjusted by 2.5% in July each year or CPI annually, whichever is higher. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9 and 10 respectively, and a disputes resolution procedure at clause 13 provides for mediation by the Commission.

[3] At a hearing of the application on 13 January 2017, Ms M Fahl of Fahl ER appeared for the applicant with Mr C Macaulay. Ms Fahl 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.

[4] 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 Ronald McDonald House South East Queensland Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 20 January 2017 and have a nominal expiry date of 13 January 2021.

DEPUTY PRESIDENT

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