Roylands Pty Ltd T/A Hi-Way Inn, Territory Manor

[2018] FWCA 3563

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Roylands Pty Ltd T/A Hi-Way Inn, Territory Manor

(AG2017/5938)

Roylands Pty Ltd Enterprise Agreement 2017

Hospitality industry
Commissioner Harper-Greenwell	MELBOURNE, 18 JUNE 2018

Application for approval of the Roylands Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Roylands Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roylands Pty Ltd T/A Hi-Way Inn, Territory Manor. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 18 June 2018 and, in accordance with s.54, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Roylands Pty Ltd, trading as Hi-Way Inn, Territory Manor, sought approval of an enterprise agreement in the Fair Work Commission. The applicants argued that the agreement was intended to regulate the terms and conditions of employment for their employees. The dispute arose as the respondents, who were employees represented by unions, argued that the agreement did not fairly represent their interests and contained provisions that were not in line with the National Employment Standards.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether the agreement was genuinely an enterprise agreement, and whether it contained the necessary provisions for a modern award. Additionally, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, as it was made by the applicants in their capacity as employers and was intended to regulate the terms and conditions of employment. The Commission also found that the agreement contained the necessary provisions for a modern award and provided for fair and reasonable terms and conditions of employment. While the respondents raised concerns about certain provisions, the Commission was satisfied that the agreement met the requirements for approval.

The Fair Work Commission approved the Roylands Pty Ltd Enterprise Agreement 2017, subject to certain modifications to address the concerns raised by the respondents. The modifications included clarifications to certain provisions and the addition of a clause to ensure that employees were not disadvantaged by the agreement. The applicants were required to implement the modifications within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established