s.222 - Enterprise agreement

Shangri-La Hotel (Cairns) Pty Ltd Trading AS Shangri-La Hotel, The Marina, Cairns

THE PIER CAIRNS MANAGEMENT SERVICES PTY LTD - ENTERPRISE AGREEMENT 2016

Application for termination of The Pier Cairns Management Services Pty Ltd Enterprise Agreement 2016

[1] On 24 November 2025, Shangri-La Hotel (Cairns) Pty Ltd (the Applicant) made an application for the termination of the The Pier Cairns Management Services Pty Ltd Enterprise Agreement 2016 (the Agreement), pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The nominal expiry date of the Agreement was 21 April 2020.

[3] Section 222 of the Act provides:

"222 Application for the FWC's approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period--within such further period as the FWC allows."

[4] The Applicant filed a Form F24 application with a Form F24A Statutory Declaration of Tammie Malixi, Director of Human Resources and 12 annexures.

[5] The Form F24 and annexures note that voting commenced on 11 November 2025. The vote was conducted via an online secret ballot. The voting results from the employer noted that 70 employees cast an eligible vote. Of that number, 48 voted to approve the termination. 145 employees are covered by the Agreement.

[6] I am satisfied that the Applicant is covered by the Agreement and that the application was made within 14 days of the termination being agreed to. I am satisfied that the application was accompanied by the requisite relevant Form F24A statutory declaration. The procedural requirements of s.222 of the Act have been satisfied.

[7] Section 223 of the Act provides:

"223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

(a) Whether the employees were given notice of the vote and a reasonable opportunity to decide.

[8] I am satisfied that the employer took all reasonable steps to notify employees of the time and place of the vote and of the voting method to be used.

[9] On 4 November 2025, the Applicant provided information to employees regarding the proposal to terminate the Agreement and gave notice of a vote to commence on 11 November 2025 at 10am. The vote concluded at 12 pm on Friday, 14 November 2025. Employees were sent voting instructions a week before the vote commenced and were provided with contact information if they had questions about the process.

[10] I am satisfied employees were given notice of the vote and were provided with a reasonable opportunity to decide.

• (b) Whether the termination was agreed to in accordance with s.221 of the Act

[11] The Agreement is a single enterprise agreement. Therefore, the termination is agreed to under s.221(1) of the Act when a majority of employees who cast a valid vote approve the termination. 70 employees cast a valid vote. 48 of those employees voted to approve the termination. Therefore, the termination was agreed to under s.221(1) of the Act.

• (c) The FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination

[12] I sought further information from the Applicant regarding s.223(c) noting there was a relatively low voter turnout and noting a majority of employees are from a non-English speaking background.

[13] The Applicant noted that voting was not compulsory and employees were given a reasonable opportunity to decide. In relation to the employees of a non-English speaking background, the Applicant noted that a majority of employees speak English at an acceptable level for a day-to-day business.

[14] I am satisfied that the Applicant took steps to explain the vote and the consequences of termination to employees. The employer provided information verbally and in writing. The employer hosted multiple information sessions and provided ample information to employees, including wage comparisons. The Applicant also invited employees whose first language was not English to contact Ms Malixi or Ms Melissa Butters, Employment Relations manager for the Queensland Hotels Association.

[15] I am satisfied that there are no reasonable grounds for believing that the employees have not agreed to the termination. Employees will continue to be paid the current hourly rates (which are loaded rates under the Agreement) if the Agreement termination is approved. They will receive the relevant penalty rates, allowances and overtime on top of the current rates. This means employees will be better off and will be paid above Award.

• (d) The FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[16] The Agreement does not cover any employee organisations. However, as a gesture of good faith, the Applicant informed the Australian Workers' Union (AWU) about the proposed termination. The Commission has not received any information suggesting the AWU objects to the termination.

[17] Based on the material before the Commission, I am satisfied that the requirements of ss.222 and 223 of the Act have been met. Therefore, I must terminate the Agreement.

[18] In accordance with s.224 of the Act, the termination operates from the day specified in the decision to approve the termination. The termination of the Agreement will operate on and from 4 February 2026.

[19]

Printed by authority of the Commonwealth Government Printer