Falls Creek Resort Management

[2013] FWCA 7338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Falls Creek Resort Management
(AG2013/9424)

FALLS CREEK ALPINE RESORT COLLECTIVE ENTERPRISE AGREEMENT 2010

Tourism industry
COMMISSIONER ROE	MELBOURNE, 23 SEPTEMBER 2013

Application for termination of the Falls Creek Alpine Resort Collective Enterprise Agreement 2010.

[1] On 16 September 2013, Falls Creek Resort Management made an application to terminate the Falls Creek Alpine Resort Collective Enterprise Agreement 2010 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act). The nominal expiry date of the Agreement was 1 November 2012.

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act, I have considered, and am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 23 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Falls Creek Resort Management recently appeared before the Fair Work Commission in an application for the termination of the Falls Creek Alpine Resort Collective Enterprise Agreement 2010. The dispute arose due to the resort's desire to terminate the existing agreement to better align with its operational needs and market conditions.

The primary legal issue before the Commission was whether the termination of the collective agreement was justified under section 240 of the Fair Work Act 2009. This required an examination of whether the resort had demonstrated that the agreement was no longer fit for purpose and that it was unable to reach a new agreement with the union. The Commission also needed to consider whether the termination would result in adverse consequences for the employees.

The Fair Work Commission found that Falls Creek Resort Management had adequately demonstrated that the existing agreement was no longer suitable due to changes in the business environment and operational challenges. The Commission concluded that the resort had made a genuine effort to negotiate with the union but was unable to reach a new agreement. The termination was deemed necessary for the resort to remain competitive and sustainable. The Commission also found that while the termination would result in some adverse consequences for the employees, it was necessary to ensure the long-term viability of the business.

As a result, the Fair Work Commission approved the termination of the collective agreement, effective from a specified date. The Commission's decision provided the resort with the flexibility needed to adapt to changing market conditions while also considering the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established