Salter Brothers (Spencer Street) Hotel Pty Ltd T/A Crowne Plaza Melbourne
[2021] FWCA 4633
•30 JULY 2021
| [2021] FWCA 4633 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement
Salter Brothers (Spencer Street) Hotel Pty Ltd T/A Crowne Plaza Melbourne
(AG2021/6357)
CROWNE PLAZA MELBOURNE ENTERPRISE AGREEMENT 2011-2012
Hospitality industry | |
COMMISSIONER CIRKOVIC | MELBOURNE, 30 JULY 2021 |
Application for termination of the Crowne Plaza Melbourne Enterprise Agreement 2011-2012.
[1] On 23 July 2021 Salter Brothers (Spencer Street) Hotel Pty Ltd T/A Crowne Plaza Melbourne (Applicant) lodged an application pursuant to s.222 of the Fair Work Act 2009 (Act) to terminate the Crowne Plaza Melbourne Enterprise Agreement 2011-2012 (Agreement). The Applicant is the employer covered by the Agreement.
[2] The Agreement is a single enterprise agreement and its nominal expiry date is 31 December 2012.
[3] The relevant provisions of the Act are as follows:
“222 Application for the FWC’s approval of a termination of an enterprise agreement
Application for approval
(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.
Material to accompany the application
(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.
When the application must be made
(3) The application must be made:
(a) within 14 days after the termination is agreed to; or
(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.
223 When the FWC must approve a termination of an enterprise agreement
If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:
(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and
(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and
(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.
224 When termination comes into operation
If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.”
[4] On 27 July 2021, the United Workers’ Union, the employee organisation covered by the Agreement, advised my Chambers that it did not intend to express a view or make submission in relation to the termination.
[5] Based on the material contained in the declaration filed with the application, I am satisfied that the Applicant has complied with the requirements in s.220(2) of the Act. The Application has been made consistently with the requirements in s.222. I am satisfied that the termination was agreed to by a majority of the relevant employees who cast a valid vote to approve the termination as required by s.221(1). I am not aware of any reasonable grounds forbelieving that the employees have not agreed to the termination. In the circumstances I consider it appropriate to approve the termination.
[6] Accordingly, I approve the termination of the Agreement. In accordance with s 224 of the Act, the termination will operate from 7 September 2021.
[7] An order giving effect to this decision is separately issued in PR732316.
COMMISSIONER
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<AE885355 PR732315>
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