Australian Alpine Enterprises Pty Ltd T/A Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd

[2015] FWCA 4417

[2015] FWCA 4417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Alpine Enterprises Pty Ltd T/A Mount Hotham Skiing Company Pty Ltd and Falls Creek Ski Lifts Pty Ltd
(AG2015/2795)

MOUNT HOTHAM AND FALLS CREEK ENTERPRISE AGREEMENT 2014-2018 AGREEMENT

Tourism industry
COMMISSIONER BULL	SYDNEY, 3 JULY 2015

Application for approval of the Mount Hotham and Falls Creek Enterprise Agreement 2014-2018.

[1] An application has been made by Australian Alpine Enterprises (the applicant) for the approval of an enterprise agreement known as the Mount Hotham and Falls Creek Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Australian Workers’ Union (AWU) was a bargaining representative involved in the agreement making process.

[2] On 30 June 2015, the Commission wrote to the applicant and the AWU with respect to the Agreement not meeting the requirements under the Act for the consultation term and the individual flexibility term, and that accordingly the model terms would be taken to be a term of the Agreement.

[3] Correspondence was received from the applicant on 1 July 2015 accepting that the model terms would be taken as a term of the Agreement.

Consultation Term

[4] With respect to the consultation term contained in cl.10 of the Agreement - Consultation regarding major workplace change, the Commission noted to the applicant the criteria to be satisfied under s.205 of the Fair Work Act 2009 (the Act), and that in particular the requirement for a consultation term requires the employer to consult employees with regard to a change of employees regular roster or ordinary hours of work.

[5] Pursuant to s.205(2) of the Act, the model consultation term at Schedule 2.3 of the Fair Work Regulations 2009 (the Regulations) will be taken to be a term of the Agreement.

[6] A copy of the model term is attached at Annexure A.

Individual Flexibility Term

[7] The individual flexibility term at cl.9 of the Agreement – Agreement Flexibility, does not provide that the term must be about permitted matters and must not include unlawful terms as per s. s203(2)(i) and (ii) of the Act.

[8] Pursuant to s.202(4) of the Act, the model flexibility term at Schedule 2.2 of the Regulations is taken to be a term of the Agreement.

[9] A copy of the model term is attached at Annexure B.

[10] The AWU being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it and supports the approval of the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[11] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[12] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

<Price code A, AE414564  PR568929>