Viewscope Pty Ltd

[2014] FWCA 1599

[2014] FWCA 1599

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement
Viewscope Pty Ltd
(AG2014/3762)
VIEWSCOPE PTY LTD ENTERPRISE AGREEMENT 2013
Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 6 MARCH 2014

Application for approval of the Viewscope Pty Ltd Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed

by Viewscope Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work

Commission (the ‘Commission’) of a single enterprise agreement to be known as the

Viewscope Pty Ltd Enterprise Agreement 2013 (the ‘Agreement’). The Agreement is to cover

11 employees who perform housekeeping duties at the Ocean Centre Hotel in Geraldton,

Western Australia. I note that another enterprise agreement is proposed to cover employees

working at the hotel performing bar and reception work and who are employed by an

associated entity of the applicant. 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 October 2013,

and voting for the Agreement’s approval took place on 7 February 2014. The time limits

under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 10 of the employees who

voted, agreed to approve the Agreement. The application for approval of the Agreement was

lodged on 21 February 2014, thereby satisfying s 185(3) of the Act.

[3]        In the Employer’s Declaration in support of the application (Form F17) Mr M

Ramage, Managing Director identified the Hospitality Industry (General) Award 2010

[MA000009] and the Hotel & Tavern Workers’ Award, 1978 [AN160174] as the relevant
[2014] FWCA 1599

reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr

Ramage said that the Agreement does provide for some terms and conditions that are less

beneficial than those under the reference instruments in that it provides for less generous

penalty rates for work performed on Sundays and public holidays and does not provide for

annual leave loading. However, the Agreement also provides for substantially higher rates of

pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the

mandatory flexibility and consultation terms at Part 7, clauses 2 and 3 respectively, and a

disputes resolution procedure at clause part 7, clause 1 provides for conciliation and

arbitration by the Commission.

[4]        At a hearing of the application on 4 March 2014, Mr G Lilleyman of Employment

Services and Solutions Australia Pty Ltd, appeared with Mr M Ramage for the applicant. Mr

Lilleyman 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 of pay under the Agreement

were lower than those under the enterprise agreement covering bar and reception staff (See: R

and M Ramage Pty Ltd [2014] FWCA 1596), as employees working in bar and reception

positions at the business had historically been paid a loaded rate of pay, while the

housekeeping staff were paid a separate and higher rate of pay for work performed on

weekends and public holidays. Rates of pay are to be adjusted in accordance with the

Commission’s Minimum Wage Review decisions. However, Part 4, cl 1(d) set out that where

an employee is paid above the minimum rates set out in the Agreement, such increases may

be absorbed into the rate of pay. Mr Lilleyman clarified that employees would never be paid

less than the rates set out in the Agreement as increased by the Commission’s Minimum

Wage Review decisions.

[2014] FWCA 1599

[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 Viewscope Pty Ltd Enterprise Agreement 2013. Pursuant to s 54 of the Act, the

Agreement shall operate from 11 March 2014 and have a nominal expiry date of 15 December

2017.

DEPUTY PRESIDENT

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