Windsor Hotel South Perth Pty Ltd T/A Windsor Hotel South Perth

[2024] FWCA 1579

[2024] FWCA 1579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Windsor Hotel South Perth Pty Ltd T/A Windsor Hotel South Perth

(AG2024/694)

WINDSOR HOTEL - SINGLE ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 30 APRIL 2024

Application for approval of the Windsor Hotel – Single Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Windsor Hotel – Single Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Windsor Hotel South Perth Pty Ltd T/A Windsor Hotel South Perth (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 November 2023 and the Agreement was made on 2 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. 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. 

1. There were three minor issues identified with respect to the NERR in that a superseded version of the NERR was used, the NERR issued contained a slightly different name for the Agreement to that used in the lodged paperwork and there was some – albeit minor - potential prospect of confusion regarding the employees to be covered. I am satisfied that there has been no detriment to employees and so I have relied upon s.188(5) of the Act to disregard these minor technical errors.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

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