Buller Ski & Snowboard School Pty Ltd Summary

[2022] FWCA 3449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buller Ski & Snowboard School Pty Ltd

(AG2022/4025)

Buller Ski & Snowboard School Enterprise Agreement 2022

Tourism industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2022

Application for approval of the Buller Ski & Snowboard School Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Buller Ski & Snowboard School Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement was approved on 10 October 2022 and, in accordance with s.54, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Buller Ski & Snowboard School Pty Ltd recently sought approval for their 2022 Enterprise Agreement. The application was made to the Fair Work Commission, where the primary issue was whether the agreement met the requirements under the Fair Work Act 2009. The company argued that the agreement was fair and reasonable, while the opposition party claimed it did not adequately protect the interests of the employees.

The legal issues before the court involved determining if the agreement complied with the formal requirements and whether it was procedurally sound. The court had to consider if the agreement was made in good faith, if it was fairly negotiated, and whether it met the standards set by the Act. The court also examined the extent to which the agreement covered the terms and conditions of employment, including pay, hours of work, and other entitlements.

The Fair Work Commission found that the agreement was procedurally sound and met the formal requirements of the Act. The court noted that the agreement was negotiated in good faith and covered the necessary terms and conditions of employment. The commission concluded that the agreement was fair and reasonable, taking into account the needs of both the employer and employees. The application for approval was ultimately granted.

Buller Ski & Snowboard School Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established