DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Buller and Mount Stirling Alpine Resort Management Board
(AG2016/6273)

MOUNT BULLER MOUNT STIRLING RESORT MANAGEMENT (RMB) ENTERPRISE AGREEMENT 2015-2019

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Buller and Mount Stirling Alpine Resort Management Board. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mount Buller and Mount Stirling Alpine Resort Management Board (the Board) applied to the Fair Work Commission (the Commission) for the approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2015-2019 (the Agreement). The Board argued that the Agreement contained provisions that were contrary to the Fair Work Act 2009 (Cth) (the Act), and therefore should be approved. The Fair Work Ombudsman (the Respondent) opposed the approval of the Agreement, arguing that it contained unlawful provisions that contravened the Act.

The primary legal issue before the Commission was whether the Agreement contained unlawful provisions contrary to the Act. The Commission needed to consider the specific provisions in question, including those related to the payment of casual employees and the calculation of penalty rates, to determine if they complied with the Act. The Board contended that the provisions were lawful and should be approved, while the Respondent argued that they were contrary to the Act and should not be approved.

The Commission examined the provisions of the Agreement and found that while some of the provisions were indeed contrary to the Act, others were lawful. The Commission approved the Agreement with modifications to the unlawful provisions, ensuring they complied with the Act. The Board was required to implement the modifications within a specified timeframe. The Commission's decision balanced the need for fair and lawful agreements with the interests of both employers and employees.

The Commission approved the Agreement with modifications to certain provisions to ensure compliance with the Act. The Board was directed to implement these modifications within a specified timeframe. The Commission's decision provided clarity on the lawful terms of the Agreement while addressing the concerns raised by the Respondent.

Mount Buller and Mount Stirling Alpine Resort Management Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established