The Great Ocean Road Coast Committee Inc

[2013] FWCA 6963

[2013] FWCA 6963

The attached document replaces the document previously issued with the above code on 16 September 2013.

The document has been amended to correct the word ‘COMMITTE’ to ‘COMMITTEE’ in the preamble of the decision.

Sean Howe

Associate to Deputy President Sams

Dated 30 September 2013

[2013] FWCA 6963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

The Great Ocean Road Coast Committee Inc
(AG2013/8725)

GREAT OCEAN ROAD COAST COMMITTEE ENTERPRISE AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Great Ocean Road Coast Committee Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Great Ocean Road Coast Committee Inc (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Great Ocean Road Coast Committee Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’). The Agreement is to cover 28 employees who are engaged in the management of land and operations on the Victorian coast, as well as accompanying tourist facilities, such as caravan parks. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 16 May 2013, and voting for the Agreement’s approval took place between 9 August and 15 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a postal vote, 18 of the 22 employees who voted agreed to approve the Agreement. The application for approval of the Agreement was lodged on 26 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Davies, Chief Executive Officer, identified the Hospitality Industry (General) Award 2010 [MA000009], the Gardening and Landscaping Services Award 2010 [MA000101], the Motels, Accommodation and Resorts Award 1998 [AP787952] and the Sportsground Maintenance and Venue Presentation (Victoria) Award 2001 [AP812760] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Davies said that the Agreement did contain some conditions that are less beneficial than those under the reference instruments in that casual employees are not entitled to penalty rates for work performed on a Saturday or Sunday unless they have already performed 38 hours that week and there is a less generous penalty rate for the first two hours of overtime worked on a Saturday for permanent staff. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including significantly higher rates of pay for Caravan Park and most Coastal Reserve classifications, four weeks paid maternity leave (in certain circumstances), three days paid compassionate leave and more generous redundancy entitlements.. Rates of pay are to be increased by 4.5% on 1 July each year during the Agreement’s nominal term. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9 and 8 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 10 September 2013, Mr T Page of the Victorian Employers’ Chamber of Commerce and Industry,appeared with Mr R Davies for the applicant and Mr P Reilly for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Page outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the base rates for permanent employees was between 11.8 and 33% higher than those under the reference instruments. Mr Reilly supported the submissions of Mr Page.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Great Ocean Road Coast Committee Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 17 September and have a nominal expiry date of 30 June 2016.

DEPUTY PRESIDENT

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