DECISION

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

HospitalityX Pty Ltd
(AG2014/9689)

HOSPITALITYX CERTIFIED AGREEMENT 2014

Application for approval of the HospitalityX Certified Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by HospitalityX 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 HospitalityX Certified Agreement 2014 (the ‘Agreement’). The Agreement is to cover 9 employees who are employed in the applicant’s labour hire business working in the hospitality industry. 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 24 September 2014, and voting for the Agreement’s approval took place on 17 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an online vote conducted using SurveyMonkey, all 8 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms E Ross, Workplace Relations Advisor, identified the Restaurant Industry Award 2010 [MA000119], the Hospitality Industry (General) Award 2010 [MA000009], the Registered and Licensed Clubs Award 2010 [MA000058] and the Fast Food Industry Award 2010 [MA000003] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Ross said that the Agreement provides for higher penalty rates for work performed on weekends by permanent staff and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 20 respectively, and a disputes resolution procedure at clause 18 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 November 2014, Mr C Mossman, Solicitor appeared with Ms M Giles, Workplace Relations Manager and Ms E Ross for the applicant. Mr Mossman 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 applicant’s business had been operating for two or three months. He also said that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[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 HospitalityX Certified Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 14 November 2014 and have a nominal expiry date of 13 November 2018.

DEPUTY PRESIDENT

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