Alpine Resorts Victoria

[2025] FWCA 2458

[2025] FWCA 2458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alpine Resorts Victoria

(AG2025/1724)

ARV ENTERPRISE AGREEMENT 2025 - 2028

State and Territory government administration
COMMISSIONER MIRABELLA	MELBOURNE, 25 JULY 2025

Application for approval of the ARV Enterprise Agreement 2025 - 2028

1. Alpine Resorts Victoria (the Employer) has made an application for approval of an enterprise agreement known as the ARV Enterprise Agreement 2025 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to the enterprise agreement approval processes in Part 2­­–4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 16 April 2025 and the Agreement was made on 4 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The employer has provided written undertakings. A copy of the undertakings are attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. The copy of the Agreement as originally filed contained a model consultation term that does not meet consultation requirements of s.205(1A)(c) of the Act. Clauses 53.10 of the Agreement, regarding roster allocation, stated ‘[confirm clause reference]’ which may be a placeholder to reference clauses that have already been specified as 53.8 and 53.9 in clause 53.10. This oversight appears to be a typographical error and must be removed. The Employer provided an updated copy of the Agreement which corrected this error.

1. I am satisfied that the errors outlined at [6] should be corrected by varying the Agreement. Clauses 53.10 is deleted and replaced with the amended Clauses 53.10 as set out in Annexure B of this Decision. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement.

1. I order,[1] pursuant to s.218A of the Act, that the Agreement be varied to correct the errors outlined at [6] of this decision.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (the NES): 

·     Clause 21.2.2 Termination Deductions

·     Clause 39.8.1 Notification of Absence

·     Clause 40.1 Compassionate Leave

1. However, noting clause 2.5 the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

[1]PR 790015.

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A

ANNEXURE B