DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buller Ski Lifts Pty Ltd
(AG2019/2437)

BULLER SKI LIFTS PTY LTD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2019

Tourism industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JULY 2019

Application for approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buller Ski Lifts Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 22 July 2019 and, in accordance with s.54, will operate from 29 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Buller Ski Lifts Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2019. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and provided adequate protections and benefits for the employees.

The primary legal issues before the Commission were whether the agreement contained the mandated minimum terms and conditions, including minimum rates of pay, penalty rates, leave entitlements, and notice periods, and whether the agreement was free from prohibited content such as terms that undermined the rights of employees or imposed unreasonable obligations. The Commission also needed to determine whether the agreement was made in good faith and whether it provided for the proper representation of employees’ interests.

The Fair Work Commission found that the agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act 2009. It also determined that the agreement was free from prohibited content and was made in good faith. The Commission was satisfied that the agreement provided for the proper representation of employees’ interests and met the requirements for approval. Consequently, the Commission approved the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2019, which will now be binding on the parties involved.

Buller 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