DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fall Creek Alpine Resort Management Board
(AG2021/5237)

FALLS CREEK ALPINE RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2020

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 23 JUNE 2021

Application for approval of the Falls Creek Alpine Resort Management Board Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Falls Creek Alpine Resort Management Board Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fall Creek Alpine Resort Management Board. The Agreement is a single enterprise agreement.

[2] 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.

[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 30 June 2021. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was called upon to consider an application for the approval of an enterprise agreement between the Falls Creek Alpine Resort Management Board and its employees, as outlined in the Falls Creek Alpine Resort Management Board Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, which mandates the approval process for such agreements to ensure they meet the statutory requirements and do not unfairly disadvantage any party. The legal issues at the core of this matter involved verifying whether the agreement complied with the procedural requirements of the Act, and whether it contained terms and conditions that were fair and reasonable.

The Commission meticulously reviewed the application, focusing on the procedural fairness in the negotiation and agreement process, as well as the substantive fairness of the terms contained within the agreement. It was essential to establish that the agreement was not only negotiated in good faith but also provided a fair and equitable outcome for all employees involved. The Commission examined the evidence provided by both the employer and the employees, including details on the bargaining process and the terms negotiated. The scrutiny extended to ensuring the agreement did not contravene any minimum standards set by the Act and provided adequate protections and benefits to the employees.

After thorough consideration, the Fair Work Commission found that the application met the necessary criteria for approval. The Commission was satisfied with the evidence presented regarding the procedural fairness of the agreement and deemed the terms to be fair and reasonable. Consequently, the Commission approved the Falls Creek Alpine Resort Management Board Enterprise Agreement 2020, confirming its validity and enforceability under the Act. This decision ensures that the terms of the agreement will now govern the employment conditions of the employees at the Falls Creek Alpine Resort Management Board, providing a stable framework for industrial relations within the organisation.

Fall Creek Alpine Resort Management Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established