Mount Buller Mount Stirling Resort Management Board

[2014] FWCA 1463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Mount Buller Mount Stirling Resort Management Board
(AG2014/3675)

MOUNT BULLER MOUNT STIRLING RESORT MANAGEMENT (RMB) ENTERPRISE AGREEMENT 2013-2015

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 MARCH 2014

Application for approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2013-2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mount Buller Mount Stirling Resort Management Board (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2013-2015 (the ‘Agreement’). The Agreement was negotiated with 11 Employee Bargaining Representatives and is to cover 33 employees who are engaged in the provision of visitor services, customer service and land management within the Mount Buller and Mount Stirling Alpine Resort in Victoria.

[2] The employees were last notified of their representational rights on 21 June 2013, and voting for the Agreement’s approval took place on 29 January 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, 28 of the 31 employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 February 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms D O’Brien, Human Resources Manager, noted that the applicant was a State Reference Public Sector Employer as defined under the Act and identified the Victorian Alpine Resorts Award 1999 [AP802224] and the Clerical and Administrative Employees (Victoria) Award 1999 [AP773032] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms O’Briensaid that the Agreement did not provide for any terms and conditions that were less beneficial than those under the reference instruments and that the Agreement provided for a number of terms and conditions that are more beneficial than those under the reference instruments. Rates of pay are to be increased by 2.22% on 1 November 2013 and 2.21% on 1 November 2014. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 36 respectively, and a disputes resolution procedure at clause 37 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 26 February 2014, Mr N Barkatsas of the Victorian Employers’ Chamber of Commerce and Industry,appeared with Ms D O’Brien for the applicant. Mr H Schluter, Ms L Perrin, Ms K Bowker and Ms L Drake appeared in their respective capacities as Employee Bargaining Representatives. Mr Barkatsas outlined the main features of the Agreement, including higher rates of pay and more generous maternity leave entitlements and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms O’Brien explained that an Agreement was agreed in principle with the employees in September 2013, but then was required to be approved by a number of State Government instrumentalities before being put to the employees for their formal approval under the Act. The Employee Bargaining Representatives supported the submissions of the applicant and indicated that they were happy with the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2013-2015.Pursuant to s 54 of the Act, the Agreement shall operate from 5 March 2014 and have a nominal expiry date of 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Mount Buller Mount Stirling Resort Management Board (the Board) sought approval for the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2013-2015 from the Fair Work Commission (FWC). The dispute arose from negotiations between the Board and the employees represented by the Retail and Hospitality Union of Australia (the Union). The FWC was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWB were whether the agreement was in the public interest, whether it was an agreement that facilitated, promoted or improved workplace participation of women, and whether it was an agreement that facilitated, promoted or improved workplace participation of people with disability. The Union challenged the agreement, arguing it did not sufficiently address pay equity, redundancy payments, and the classification of certain positions.

The FWC found that the agreement facilitated and promoted the workplace participation of women and people with disability. The FWC was satisfied that the agreement contained provisions that promoted equal remuneration for work of equal or comparable value, and it contained provisions that addressed redundancy payments and the classification of certain positions. The FWC approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The FWC made an order approving the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2013-2015. The agreement was to be registered and would be in effect from the date of the order until 30 June 2015. The Union's application for an extension of the bargaining period to allow for further negotiations was dismissed.

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