DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kosciuszko Thredbo Pty Ltd
(AG2016/4065)

KOSCIUSZKO THREDBO ENGINEERING TRADES ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Kosciuszko Thredbo Engineering Trades Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kosciuszko Thredbo Engineering Trades 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 Kosciuszko Thredbo Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 2 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 2 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kosciuszko Thredbo Pty Ltd, trading as Thredbo Alpine Resort, sought approval for the Kosciuszko Thredbo Engineering Trades Enterprise Agreement 2016 under section 231 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements for registration under the legislation. The dispute involved the roles and duties of the employees covered by the agreement, as well as the dispute resolution mechanisms within the agreement.

The primary legal issues for the Commission to decide were whether the agreement contained appropriate dispute resolution processes and if the duties assigned to employees were consistent with their roles. The Commission had to consider whether the agreement provided a fair and efficient process for resolving disputes, and whether the duties assigned were reasonable and necessary for the roles of the employees.

In its decision, the Fair Work Commission found that the agreement provided for adequate dispute resolution processes, which included a requirement for employees to first attempt to resolve disputes through internal mechanisms before escalating to external arbitration. The Commission also concluded that the duties assigned to employees were appropriate and necessary for their roles. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act, and it granted the application for approval of the agreement.

The Fair Work Commission ordered that the Kosciuszko Thredbo Engineering Trades Enterprise Agreement 2016 be registered and approved as a certified agreement under section 231 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would remain in effect until the earlier of the parties negotiating a new agreement or the agreement being terminated in accordance with the Fair Work Act.

Kosciuszko Thredbo Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established