SSUT Pty Ltd T/A East End Hotel

[2024] FWCA 1497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SSUT Pty Ltd T/A East End Hotel

(AG2024/1088)

EAST END HOTEL ENTERPRISE BARGAINING AGREEMENT 2023

Hospitality industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 22 APRIL 2024

Application for approval of the East End Hotel Enterprise Bargaining Agreement 2023

An application has been made for approval of an enterprise agreement known as the East End Hotel Enterprise Bargaining Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SSUT Pty Ltd T/A East End Hotel (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 December 2023 and the Agreement was made on 29 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 22 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of SSUT Pty Ltd T/A East End Hotel, the Fair Work Commission was tasked with determining whether to approve the East End Hotel Enterprise Bargaining Agreement 2023. The applicant, SSUT Pty Ltd, trading as the East End Hotel, sought the Commission’s approval for the agreement which outlined the terms and conditions of employment for its staff. The dispute centred around various provisions of the proposed agreement, including wages, hours of work, and specific workplace practices.

The central legal issues for the Commission's consideration were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions being "genuinely agreed" and "freely negotiated". The Commission also had to assess if the agreement provided fair and reasonable terms and conditions for the employees, ensuring it complied with the overarching principles of industrial fairness and equity.

In deliberating on these issues, the Commission examined the bargaining process, the nature of the agreement's terms, and the impact on the employees. The Commission found that the agreement was genuinely agreed upon by the parties involved, as evidenced by the documented negotiations and the absence of coercion or undue influence. Furthermore, the terms of the agreement were considered fair and reasonable, providing appropriate protections and benefits to the employees while also ensuring the business interests of the applicant were safeguarded.

The Fair Work Commission approved the East End Hotel Enterprise Bargaining Agreement 2023, setting out specific terms and conditions for the employees of the East End Hotel. This decision affirmed the validity of the agreement, providing a framework for the employment relationship between the applicant and its staff for the stipulated period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established