DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falls Creek Alpine Resort Management Board
(AG2016/5460)

FALLS CREEK ALPINE RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2016

Tourism industry
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Falls Creek Alpine Resort Management Board Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Falls Creek Alpine Resort Management Board 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 Falls Creek Alpine Resort Management Board. 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 26 October 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

The matter before the Fair Work Commission was an application by the Falls Creek Alpine Resort Management Board to approve the Falls Creek Alpine Resort Management Board Enterprise Agreement 2016. The application was contested by a union representing employees of the resort, who argued that the agreement did not provide adequate protections for workers. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test" under the Fair Work Act. The union argued that the agreement did not provide sufficient protections for employees, particularly in relation to penalty rates and leave entitlements. The resort management board contended that the agreement was fair and reasonable, and provided for better terms and conditions than would otherwise apply.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. It noted that the agreement provided for a range of protections for employees, including minimum rates of pay, penalty rates, leave entitlements, and provisions for dispute resolution. The Commission also found that the agreement was "better off overall" for employees, as it provided for improvements in some areas, such as increased leave entitlements, while maintaining or improving other terms and conditions of employment. The union's arguments were rejected as the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment.

The Commission approved the Falls Creek Alpine Resort Management Board Enterprise Agreement 2016, subject to certain modifications to address minor technical issues. The union's application to have the agreement declared invalid was dismissed. The resort management board was directed to take all necessary steps to give effect to the approved agreement, including providing a copy to the union and affected employees.

Falls 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