Buller Ski Lifts Pty Ltd

[2019] FWCA 1620

[2019] FWCA 1620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buller Ski Lifts Pty Ltd
(AG2018/5630)

BULLER SKI LIFTS MOUNTAIN OPERATIONS ENTERPRISE AGREEMENT 2018

Tourism industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 MARCH 2019

Application for approval of the Buller Ski Lifts Mountain Operations Enterprise Agreement 2018.

[1] Buller Ski Lifts Pty Ltd has made an application for approval of an enterprise agreement known as the Buller Ski Lifts Mountain Operations Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission (Commission) raised concerns about the application with the Applicant and the employee bargaining representatives, The Australian Workers’ Union (AWU) and Mr Isaac Heppell, in conference on 11 February 2019. The concerns related to whether all reasonable steps were taken to give or provide access to materials incorporated by reference in the Agreement during the access period; whether the Agreement passed the better off overall test (BOOT) against the Alpine Resorts Award 2010; and apparent deficiencies in materials lodged with the application.

[3] Ultimately a hearing was required before the matter could be determined, and took place on 26 February 2019.

[4] Following the hearing, written undertakings were given in accordance with s.190 of the Act (Undertakings). The Undertakings are directed at addressing the Commission’s concerns about whether the Agreement passed the BOOT. A copy of the Undertakings is attached at Annexure A.

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

[6] I am also satisfied that the application lodged contained errors in the form of an incomplete Agreement signature page, a typographical error at clause 4 of the Agreement and a typographical error in the Applicant’s statutory declaration. The Applicant has filed an amended Agreement signature page, an amended Agreement correcting the typographical error at clause 4 and an amended statutory declaration. I am satisfied that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The AWU advised the Commission, in conference on 11 February 2019, that it would not apply to be covered by the Agreement. At no stage during the proceedings did the AWU raise any objection to the application or express any views in response to the further materials provided.

[8] Mr Heppell filed a statutory declaration in support of the application, pursuant to s.185 and Rule 24(4) of the Fair Work Commission Rules 2013. Mr Heppell also confirmed support in response to the further materials provided.

[9] Subject to the Undertakings and amended application referred to above, 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.

[10] The Agreement was approved on 13 March 2019 and, in accordance with s.54, will operate from 20 March 2019. The nominal expiry date of the Agreement is 2 July 2022.

Appearances:

W Platzer and L Blampied, Applicant

I Heppell, Employee Bargaining Representative

Hearing details:

2019.

Melbourne:

February 26.

Printed by authority of the Commonwealth Government Printer

<AE502261 PR705771>

Annexure A