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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Alpine Enterprises Pty Limited trading as Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd, sought approval of the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2019. The Fair Work Commission was asked to approve the agreement, which was negotiated between the applicants and the Australian Services Union. The dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court needed to determine if the agreement was appropriately negotiated, contained the necessary terms, and was in the best interests of the employees. Key issues included the process of negotiation, the fairness of the terms, and whether the agreement provided for the employees' protection and improved working conditions. The applicants argued that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. The union contended that the process was flawed and that the terms did not adequately protect the employees.

The Fair Work Commission concluded that the agreement was appropriately negotiated and contained terms that were fair and reasonable. The commission found that the process of negotiation was genuine, and the terms of the agreement provided for the protection and improved working conditions of the employees. The commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Australian Alpine Enterprises Pty Limited and Trade Maintenance Enterprise Agreement 2019. The agreement was deemed to be appropriately negotiated, contained fair and reasonable terms, and was in the best interests of the employees. The commission's decision was based on the evidence presented and the satisfaction that the agreement met the legislative criteria for approval.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established