Matthew Gregory v Falls Creek Ski Lifts Pty Ltd

[2025] FWC 1651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Matthew Gregory
v
Falls Creek Ski Lifts Pty Ltd

(B2025/926)

COMMISSIONER REDFORD

MELBOURNE, 16 JUNE 2025

Proposed protected action ballot of employees of Falls Creek Ski Lifts Pty Ltd

This is an application made by Matthew Gregory pursuant to s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd (Employers).

On 12 June 2025, the Commission was advised that the Employers object to the Application on the grounds that they have been progressing discussions about a proposed enterprise agreement, that meetings have not “reached a stalemate” and that the application is “entirely premature”. The Employers indicated they wished to be heard on this objection.

In those circumstances, I listed the matter for a hearing, to occur today, 16 June 2025. However, this morning, the Employers have indicated the objection to the application is withdrawn. On this basis the hearing was vacated, and I have determined the matter on the papers.

The proposed agreement

The proposed agreement is to replace the Falls Creek and Hotham Trades Maintenance Agreement 2023, and will cover Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd who appear to be related employers within the meaning of s 172(2) of the Act.

The bargaining representatives

It is not in dispute that several persons have been appointed as bargaining representatives for the proposed agreement within the meaning of s 176(1)(c) of the Act. The Applicant, Mr Gregory, is one such person.

Consideration

I have before me material including the declaration of Matthew Gregory and also a document filed before the hearing by Mr Gregory setting out the steps taken in bargaining with the Employers which assert that they have been and are genuinely trying to reach agreement with the Employers. I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by the Australian Electoral Commission (AEC). The AEC has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.
For the purposes of s 443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 25 July 2025.[1] This also establishes the ballot period for the purpose of s 448A(2) of the Act.
An Order has been separately issued in PR788214.
I will proceed to conduct the s 448A compulsory conference in due course and will issue an Order requiring the attendance of all bargaining representatives for the proposed agreement. A Direction will also issue that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] This is 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Matthew Gregory has applied to the Fair Work Commission for a protected action ballot order in relation to the employees of Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd. Falls Creek Ski Lifts Pty Ltd and Mount Hotham Skiing Company Pty Ltd have previously objected to the application, citing ongoing discussions regarding a proposed enterprise agreement and the premature nature of the application. However, they subsequently withdrew their objection. The proposed agreement aims to replace the existing Falls Creek and Hotham Trades Maintenance Agreement 2023, covering both companies, which are considered related employers under the Fair Work Act 2009. Matthew Gregory, one of the bargaining representatives, has submitted relevant documents to support the application, asserting that genuine efforts have been made to reach an agreement with the employers.

The legal issues before the Commission were whether the requirements for a protected action ballot under section 443 of the Fair Work Act 2009 had been met, and whether it was appropriate to proceed with the ballot given the withdrawal of the employers' objection. The Commission found that the notification period for the proposed agreement had been met and that all conditions under section 443(1) of the Act were satisfied. The Australian Electoral Commission has been approved to conduct the ballot, and the Commission has set the closing date for voting as 25 July 2025.

In light of the withdrawal of the employers' objection and the fulfilment of the legal requirements, the Commission determined that the application for a protected action ballot order should be granted. An Order was issued to conduct a compulsory conference under section 448A of the Act, requiring the attendance of all bargaining representatives for the proposed agreement. A Direction was also issued for the parties to attend the conference prepared to engage in meaningful negotiations. The Commission scheduled the ballot period and set the closing date for voting, ensuring all procedural requirements were adhered to under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established