Buller Ski Lifts Pty Ltd T/A Buller Ski Lifts

[2023] FWCA 3062

[2023] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buller Ski Lifts Pty Ltd T/A Buller Ski Lifts

(AG2023/3143)

BULLER SKI LIFTS PTY LTD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2023

Tourism industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Buller Ski Lifts Pty Ltd Maintenance Employees Enterprise Agreement 2023 (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.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

1. 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.

1. 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 (CEPU), being a 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. The AMWU and CEPU support approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Part 2 – Clause 17.1 & Part 3 – 11.3 & 11.8 of the Agreement – Personal Leave;

·Part 3 – Clause 10.1, 10.3, 10.15 & 10.16 of the Agreement – Annual Leave; and

·Clause 4.2.6(i) of the Metal, Engineering and Associated Industries Award 1998.

However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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