DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southgate Hotel Management Pty Ltd T/A The Langham Melbourne
(AG2015/6722)

LANGHAM HOTEL MELBOURNE - UNITED VOICE AGREEMENT 2015

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Langham Hotel Melbourne - United Voice Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Langham Hotel Melbourne - United Voice Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southgate Hotel Management Pty Ltd T/A The Langham Melbourne. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Southgate Hotel Management Pty Ltd trading as The Langham Melbourne, sought approval for an enterprise agreement titled the Langham Hotel Melbourne – United Voice Agreement 2015. The applicant argued that the agreement had been fairly and properly negotiated and met the necessary criteria for approval. The dispute involved the terms of the enterprise agreement and whether it complied with the necessary legal requirements for approval.

The court was required to determine whether the enterprise agreement was appropriately negotiated, if the agreement met the criteria for approval as outlined in the Fair Work Act, and whether the agreement was in the best interests of the employees. The court also needed to consider the objections raised by the respondents and assess if the agreement was fairly and properly negotiated.

The court found that the agreement was appropriately negotiated and met the necessary criteria for approval. The applicant provided evidence that the agreement was negotiated in good faith and that the process followed was fair and proper. The court concluded that the agreement was in the best interests of the employees and should be approved. The objections raised by the respondents were also considered, but the court found that they did not outweigh the benefits of the agreement for the employees.

The court approved the Langham Hotel Melbourne – United Voice Agreement 2015 and ordered that it be registered with the Fair Work Commission. The decision was made on the basis that the agreement was appropriately negotiated, met the criteria for approval, and was in the best interests of the employees. The court found that the benefits of the agreement outweighed any objections raised by the respondents.

Southgate Hotel Management Pty Ltd T/A The Langham Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established