The Ukena Unit Trust T/as Paddington Inn

[2016] FWCA 5600

[2016] FWCA 5600

FAIR WORK COMMISSION

DECISION

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

The Ukena Unit Trust T/as Paddington Inn
(AG2016/1668)

THE UKENA UNIT TRUST ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 AUGUST 2016

Application for approval of the Ukena Unit Trust Enterprise Agreement 2016 – agreement approved.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by The Ukena Unit Trust T/as Paddington Inn (the ‘applicant’) which seeks the approval by the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Ukena Unit Trust Enterprise Agreement 2016 (the ‘Agreement’). There were no bargaining representatives involved in the Agreement making process. The Agreement is to cover 4 employees who are engaged in various hospitality roles at The Ukena Unit Trust T/as Paddington Inn, Sydney. 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 1 June 2016, and voting for the Agreement’s approval took place on 23 June 2016. The time limits under s 181(2) of the Act are thereby satisfied. All 4 of the employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 29 June 2016 thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Sarah Maxwell, Group Human Resource Manager, identified the Hospitality Industry (General) Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Maxwell said that the Agreement provides for higher rates of pay than those contained in the reference instrument. Rates of pay are to be annually adjusted so as to ensure the rates always remain 3% higher than the Award rates. The Agreement provides for the mandatory flexibility and consultation terms at clauses 23 and 21 respectively, and a disputes resolution procedure at clause 24 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 10 August 2016, Mr Daniel Tracey, Workplace Consultant, appeared for the employer. Mr Tracey 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 referred to actual rosters of employees to demonstrate that in all circumstances employees will be better off overall when compared with the Award. I am satisfied that this submission is correct.

[5] Having heard the applicant’s 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 The Ukena Unit Trust Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 17 August 2016, and have a nominal expiry date 10 August 2020.

DEPUTY PRESIDENT

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