Mirvac Hotels Pty Ltd t/a The Sebel Resort Noosa re The Sebel Resort Noosa Enterprise Agreement 2009 [2010] FWAA 1182 (19 February 2010)

Result

procedural. The Agreement is approved and will operate from 26 February 2010 with a nominal expiry date of 19 February 2014.

Key principles

• The court approved the enterprise agreement under s.185 of the Fair Work Act 2009, finding that all requirements of ss.186, 187 and 188 of the Act were satisfied.
• The agreement was made during the 'bridging period' as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, requiring consideration of Part...
• The Liquor, Hospitality and Miscellaneous Union, as a bargaining representative, gave notice under s.183 wanting the agreement to cover it, and pursuant to s.201(2) the agreement...

Issues before the court

• Whether the requirements for approval of an enterprise agreement under ss.186, 187 and 188 of the Fair Work Act 2009 were satisfied
• Whether the agreement was made during the bridging period and what transitional provisions apply
• Whether the Liquor, Hospitality and Miscellaneous Union should be covered by the agreement