SSUT Pty Ltd T/A East End Hotel
[2024] FWCA 1497
•22 APRIL 2024
| [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
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