DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buller Ski Lifts Pty Ltd
(AG2015/1470)

BULLER SKI LIFTS MOUNTAIN OPERATIONS ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 13 JULY 2015

Application for approval of the Buller Ski Lifts Mountain Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Buller Ski Lifts Mountain Operations Enterprise Agreement 2015 (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.

[3] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 13 July 2015 and, in accordance with s.54 of the Act, will operate from 20 July 2015. The nominal expiry date of the Agreement is 19 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Buller Ski Lifts Pty Ltd sought approval for the Buller Ski Lifts Mountain Operations Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application involved several stakeholders, including the employer and the relevant employees' union.

The legal issues before the court encompassed whether the agreement complied with procedural requirements, whether it addressed the needs and interests of the employees fairly, and if it was appropriately negotiated. The court had to consider if the agreement was in the best interests of the employees and if it complied with all statutory provisions for enterprise agreements.

The Fair Work Commission found that the agreement was procedurally sound and met all the statutory requirements for an enterprise agreement. The commission highlighted the agreement's provisions for fair treatment, wages, and working conditions as aligning with the best interests of the employees. After thorough deliberation, the court approved the agreement, ensuring it was fair and balanced in its terms.

The final orders of the court were that the Buller Ski Lifts Mountain Operations Enterprise Agreement 2015 was approved and could proceed as an enterprise agreement under the Fair Work Act 2009. The decision was based on the comprehensive evidence presented and the agreement's compliance with all relevant legal standards.

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