DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breathtaker Ski Lodge Pty Ltd T/A Breathtaker All Suite Hotel and Alpine Spa
(AG2017/2306)

BREATHTAKER SKI LODGE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT, HOSPITALITY DIVISION

Hospitality industry
COMMISSIONER SAUNDERS	MELBOURNE, 26 JULY 2017

Application for approval of the Breathtaker Ski Lodge Pty Ltd Employee Collective Agreement, Hospitality Division.

[1] An application has been made for approval of an enterprise agreement known as the Breathtaker Ski Lodge Pty Ltd Employee Collective Agreement, Hospitality Division (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breathtaker Ski Lodge Pty Ltd T/A Breathtaker All Suite Hotel and Alpine Spa.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Breathtaker Ski Lodge Pty Ltd, trading as Breathtaker All Suite Hotel and Alpine Spa, and the Fair Work Commission was the court. The dispute revolved around the application for the approval of the Breathtaker Ski Lodge Pty Ltd Employee Collective Agreement. The applicant sought to establish a collective agreement that would govern the terms and conditions of employment for its employees.

The legal issues before the Commission included whether the application met the statutory requirements under the Fair Work Act 2009, and whether the proposed agreement provided for fair and reasonable terms and conditions of employment. The Commission had to consider the extent to which the agreement aligned with the principles of the National Employment Standards and whether it provided for a fair and reasonable safety net for employees. The applicant argued that the proposed agreement was necessary to ensure the smooth operation of the business and to provide employees with fair and reasonable terms.

The Commission examined the application and found that it complied with the statutory requirements. The proposed agreement provided for terms and conditions of employment that were fair and reasonable, taking into account the principles of the National Employment Standards. The Commission noted that the agreement provided for a safety net that was no less favourable than the minimum entitlements provided by the relevant awards. The Commission also considered the evidence presented by the parties and found that the agreement was in the best interests of the employees and the business.

The Commission approved the proposed agreement and made an order for its registration. The decision provides guidance to employers and employees in the hospitality industry on the requirements for a valid collective agreement. It also highlights the importance of ensuring that collective agreements provide for fair and reasonable terms and conditions of employment.

Breathtaker Ski Lodge Pty Ltd T/A Breathtaker All Suite Hotel and Alpine Spa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established