Australian Alpine Enterprises Pty Limited t/a Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd

[2019] FWCA 5620

[2019] FWCA 5620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Alpine Enterprises Pty Limited t/a Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd
(AG2019/2442)

AUSTRALIAN ALPINE ENTERPRISES PTY LIMITED AND TRADE MAINTENANCE ENTERPRISE AGREEMENT 2019

Tourism industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 AUGUST 2019

Application for approval of the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2019.

[1] Australian Alpine Enterprises Pty Limited t/a Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd has applied for approval of a single enterprise agreement known as the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, further information was sought in relation to the relationship between the employers to be covered by the Agreement and concerns were raised in relation to whether the Agreement excludes the National Employment Standards in the Act (NES) and passes the “better off overall” test. The Applicant sought to provide further information and undertakings to address the concerns. The bargaining representatives were afforded the opportunity to provide any further views.

[3] On the further information provided I am satisfied that the two employers party to the Agreement, being related bodies corporate, are “single interest employers” within the meaning of s.172(5).

[4] Written undertakings were given to address the concerns about exclusion of the NES and to ensure employees are better off overall under the Agreement, in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives either supported or did not oppose the Undertakings.

[5] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 21 June 2022.

[9] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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