DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buller Ski & Snowboard School Pty Ltd
(AG2016/5858)

BULLER SKI & SNOWBOARD SCHOOL ENTERPRISE AGREEMENT 2016

Tourism industry
COMMISSIONER LEE	SYDNEY, 24 NOVEMBER 2016

Application for approval of the Buller Ski & Snowboard School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Buller Ski & Snowboard School 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 & Snowboard School Pty Ltd. 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, 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 Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Buller Ski & Snowboard School Pty Ltd recently sought approval from the Fair Work Commission for the Buller Ski & Snowboard School Enterprise Agreement 2016. The application was filed by the employer, and the dispute primarily revolved around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with examining the fairness and validity of the agreement, particularly concerning the terms and conditions for the employees of the ski and snowboard school.

The central legal issues before the Commission involved whether the agreement fairly reflected the terms and conditions of employment, ensured the protection of employee rights, and aligned with the principles of the Fair Work Act. A significant focus was on whether the agreement adequately balanced the interests of both the employer and the employees, particularly given the unique nature of the seasonal employment within the ski industry. The Commission also considered whether the agreement complied with the procedural requirements, such as whether it was genuinely negotiated and whether it had been certified as a simple or low-paid enterprise agreement.

After evaluating the evidence and submissions from both parties, the Fair Work Commission concluded that the agreement was fair and met the necessary criteria for approval. The Commission found that the agreement provided for appropriate protections and benefits for the employees, while also accommodating the employer’s operational needs. The Commission determined that the agreement was genuinely negotiated and was consistent with the principles of the Act. Consequently, the application for approval of the Buller Ski & Snowboard School Enterprise Agreement 2016 was successful.

Buller Ski & Snowboard School 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