Serve Hospitality Pty Ltd T/A Serve Hospitality

[2016] FWCA 3775

[2016] FWCA 3775 [Note: a further decision has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

Serve Hospitality Pty Ltd T/A Serve Hospitality
(AG2016/3171)

SERVE ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 14 JUNE 2016

Application for approval of the Serve Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Serve Hospitality Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Serve Enterprise Agreement 2016 (the ‘Agreement’). The Agreement is to cover four labour hire employees who are engaged in the provision of hospitality and facility management services.

[2] The employees were last notified of their representational rights on 8 April 2016, and voting for the Agreement’s approval took place on 2 May 2016. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by show of hands, all four of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 May 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Malovic, Housekeeping General Manager, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Malovicsaid that while the Agreement provides for less beneficial conditions in relation to rostering and working hours, the Agreement provides for base rates of pay that are to be maintained at 2% higher than those under the Award. I am satisfied that the Agreement passes the BOOT.

[4] The applicant also offered undertakings to amend the mandatory flexibility term at cl 2.2, the consultation term at cl 2.8 and the nominal expiry date at cl 1.1, so that they are in conformity with the Act. Pursuant to s 191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of this undertaking is attached to the Agreement and marked as ‘Annexure A’. A disputes resolution procedure at clause 2.6 provides for conciliation and arbitration by the Commission.

[5] Having reviewed 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, 188, 190 and 191, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Serve Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 21 June 2016 and have a nominal expiry date of 14 June 2020.

DEPUTY PRESIDENT

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