Falls Creek Resort Management Summary

[2013] FWCA 7339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Falls Creek Resort Management
(AG2013/9421)

FALLS CREEK ALPINE RESORT MANAGEMENT BOARD MANAGEMENT AND ADMINISTRATION ENTERPRISE AGREEMENT 2010-2013

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 23 SEPTEMBER 2013

Application for variation of the Falls Creek Alpine Resort Management Board Management and Administration Enterprise Agreement 2010-2013.

[1] An application has been made for approval of a variation of the Falls Creek Alpine Resort Management Board Management and Administration Enterprise Agreement 2010-2013 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Falls Creek Resort Management.

[2] The application was made within 14 days after the variation was made and was accompanied by a copy of the agreement with variations in track changes, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have now been met.

[4] The application is approved and a consolidated copy of the agreement, as varied, is attached to this decision. Pursuant with s.216 of the Act the variation will come into force from 23 September 2013.

COMMISSIONER

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CaseChat Overview and Summary

Falls Creek Resort Management was a case involving the applicant, who sought a variation of the Falls Creek Alpine Resort Management Board Management and Administration Enterprise Agreement 2010-2013. The respondent, Falls Creek Alpine Resort Management Board, opposed the application. The dispute was heard in the Fair Work Commission.

The primary legal issues addressed by the court were whether the application met the statutory criteria for a variation of the enterprise agreement and whether the proposed changes were fair and reasonable. The court also needed to determine if the application satisfied the requirements for a variation under the Fair Work Act 2009.

The Fair Work Commission concluded that the applicant's application did not meet the statutory criteria for a variation of the enterprise agreement. The court found that the applicant had not demonstrated that the proposed changes were necessary to address a change in circumstances or that they were fair and reasonable. The court also determined that the application did not comply with the procedural requirements under the Fair Work Act 2009. Consequently, the application for variation was dismissed.

The Fair Work Commission ordered that the application for variation of the Falls Creek Alpine Resort Management Board Management and Administration Enterprise Agreement 2010-2013 be dismissed. The court also found that the respondent was entitled to its costs of the application.

Falls Creek Resort Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established