Falls Creek Ski Lifts Pty Ltd

[2025] FWCA 2972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Falls Creek Ski Lifts Pty Ltd

(AG2025/2873)

FALLS CREEK AND HOTHAM TRADES MAINTENANCE AGREEMENT 2025

Tourism industry
COMMISSIONER TRAN	MELBOURNE, 3 SEPTEMBER 2025

Application for approval of the Falls Creek and Hotham Trades Maintenance Agreement 2025

Falls Creek Ski Lifts Pty Ltd has applied for approval of an enterprise agreement known as the Falls Creek and Hotham Trades Maintenance Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 September 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 25 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Falls Creek Ski Lifts Pty Ltd applied to the Fair Work Commission for approval of the Falls Creek and Hotham Trades Maintenance Agreement 2025, which would affect the terms and conditions of employment for a number of employees. The dispute centred around whether the proposed agreement would result in a reduction in the employees' overall pay and conditions, and whether the agreement complied with the relevant legislation.

The legal issues before the Commission were whether the proposed agreement constituted a "better-off overall test" (BOOT) and whether the agreement complied with the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements of section 235 of the Fair Work Act, which mandates that an agreement must provide employees with no less favourable terms and conditions than those provided for in an applicable award or agreement. The Commission also had to consider whether the agreement provided for appropriate consultation with the employees and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement did meet the BOOT requirement and complied with the relevant legislation. The Commission noted that the agreement provided for a number of improvements to the employees' terms and conditions, including increased pay rates and better access to training and development opportunities. The Commission also found that the agreement had been appropriately negotiated and that the employees had been adequately consulted. As a result, the Commission approved the agreement.

The final orders of the Commission were that the Falls Creek and Hotham Trades Maintenance Agreement 2025 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the relevant employees and will provide for improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established