DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star & Garter Pty Ltd T/A Star & Garter and Hannans Hotel
(AG2017/4686)

STAR & GARTER AND HANNAN’S HOTEL ENTERPRISE AGREEMENT

Hospitality industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JANUARY 2018

Application for approval of the Star & Garter and Hannan’s Hotel Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Star & Garter and Hannan’s Hotel Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star & Garter Pty Ltd T/A Star & Garter and Hannans Hotel. 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] The Agreement was approved on 16 January 2018 and, in accordance with s.54, will operate from 23 January 2018. The nominal expiry date of the Agreement is 16 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star & Garter Pty Ltd, trading as Star & Garter, and Hannans Hotel applied for the approval of an enterprise agreement. The application was made under the Fair Work Act 2009 (Cth). The applicants sought to resolve a dispute over the terms of the proposed agreement, which had been negotiated between the parties. The matter was heard in the Fair Work Commission.

The legal issues before the Commission included whether the proposed agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission also needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if the process for its negotiation and making was compliant with the Act.

The Fair Work Commission considered the submissions and evidence from both parties. It found that the agreement was made in good faith and met the requirements of the Act. The Commission concluded that the proposed agreement provided for fair and reasonable terms and conditions of employment. The negotiation process was also found to be compliant with the Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement, finding it to be made in good faith, compliant with the Fair Work Act, and providing for fair and reasonable terms and conditions of employment. The negotiation process was also found to be compliant with the Act. The agreement was approved, resolving the dispute between the parties.

Star & Garter Pty Ltd T/A Star & Garter and Hannans Hotel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established