DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buller Ski Lifts Pty Ltd T/A Buller Ski Lifts
(AG2016/4020)

BULLER SKI LIFTS PTY LTD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2016

Tourism industry
DEPUTY PRESIDENT DEAN	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2016 (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 T/A Buller Ski Lifts. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Buller Ski Lifts Pty Ltd, trading as Buller Ski Lifts, and several employees. The dispute was regarding the application for the approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2016. The Fair Work Commission (FWC) was the court involved in this matter.

The central legal issues the FWC had to address were whether the agreement met the formal requirements of the Fair Work Act 2009 and if it provided for fair and appropriate terms and conditions for the employees. Specifically, the FWC had to consider if the agreement adequately covered all mandatory terms and conditions and whether it was made in good faith and without coercion.

The FWC examined the agreement and determined that it complied with the formal requirements under the Fair Work Act. The commission found that the agreement was made in good faith and without any instances of coercion. Furthermore, the FWC held that the agreement provided fair and appropriate terms and conditions for the employees, as it covered all mandatory terms and conditions and did not disadvantage the employees. Based on these findings, the FWC approved the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2016.

The FWC's final order was the approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2016, which was deemed to be compliant with the Fair Work Act and fair for the employees involved. This decision allowed the agreement to be implemented as a binding enterprise agreement for the parties involved.

Buller Ski Lifts Pty Ltd T/A Buller Ski Lifts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established