DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sovereign PCH Melbourne Pty Ltd T/A Pullman Melbourne on the Park
(AG2017/1468)

PULLMAN MELBOURNE ON THE PARK ENGINEERING DEPARTMENT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MAY 2017

Application for approval of the Pullman Melbourne on the Park Engineering Department Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pullman Melbourne on the Park Engineering Department 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 Sovereign PCH Melbourne Pty Ltd T/A Pullman Melbourne on the Park. 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. 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.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sovereign PCH Melbourne Pty Ltd, trading as Pullman Melbourne on the Park, applied for approval of the Pullman Melbourne on the Park Engineering Department Agreement 2017. The application was made under section 178 of the Fair Work Act 2009. The applicants sought the Fair Work Commission's approval of the agreement to ensure it met the requirements for an enterprise agreement under the Act.

The legal issues before the court included whether the agreement was a genuine enterprise agreement, if it was made in good faith, and if it contained the necessary terms and conditions for an effective enterprise agreement. Additionally, the court had to consider whether the agreement complied with the statutory minimum entitlements provided by the Act. The court also examined the process by which the agreement was made and if the necessary procedural fairness was observed.

The court found that the agreement met the requirements for an enterprise agreement under the Fair Work Act. The court was satisfied that the agreement was made in good faith and contained the necessary terms and conditions. The court also found that the agreement complied with the statutory minimum entitlements and that the process by which the agreement was made observed procedural fairness. Therefore, the court approved the Pullman Melbourne on the Park Engineering Department Agreement 2017.

The court ordered that the agreement be approved and registered under the Fair Work Act. The agreement will now be binding on the parties from the date of the order. The court's decision provides certainty for the parties involved and ensures that the agreement is a valid and enforceable enterprise agreement.

Sovereign PCH Melbourne Pty Ltd T/A Pullman Melbourne on the Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established