Star And Garter Hotel Pty Ltd T/A Star & Garter Hotel Summary

[2023] FWCA 1099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Star And Garter Hotel Pty Ltd T/A Star & Garter Hotel

(AG2023/490)

STAR & GARTER AND HANNAN’S HOTEL ENTERPRISE AGREEMENT 2023 – 2027

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2023

Application for approval of the Star & Garter and Hannan’s Hotel Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the Star & Garter and Hannan’s Hotel Enterprise Agreement 2023 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star and Garter Hotel Pty Ltd T/A Star & Garter Hotel. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 18 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Star And Garter Hotel Pty Ltd, trading as the Star & Garter Hotel, and concerns an application for the approval of their Enterprise Agreement for the years 2023 to 2027. The application was heard by the Fair Work Commission, a body established under the Fair Work Act 2009, tasked with resolving workplace disputes and overseeing the approval of enterprise agreements. The primary dispute revolves around the terms and conditions of employment outlined in the proposed agreement, which was contested by certain parties on the basis that it did not meet the requirements for approval under the Fair Work Act.

The legal issues the court was required to decide included whether the agreement met the statutory criteria for approval, specifically whether it complied with the good faith bargaining provisions, the independent assessment of the agreement's benefits, and whether it contained all the mandatory terms specified in the Act. Additionally, the court had to consider whether the agreement fairly represented the employees and whether it provided for fair and reasonable terms and conditions of employment.

In assessing the application, the Fair Work Commission examined the evidence presented by both parties, including the bargaining processes, the content of the agreement, and the views of the employees. The Commission concluded that the agreement was made in good faith, it fairly represented the employees, and it provided for fair and reasonable terms and conditions of employment. Furthermore, the independent assessment indicated that the agreement would result in a net benefit to the employees. Given these findings, the Commission approved the application, finding that the agreement satisfied the necessary legal requirements and would benefit the employees.

As a result of the Commission's decision, the Star & Garter Hotel Enterprise Agreement 2023-2027 was approved and will now govern the terms and conditions of employment for the relevant period. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements for approval, particularly in terms of good faith bargaining and independent assessments of employee benefits.

Star And Garter Hotel Pty Ltd T/A Star & Garter Hotel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established