Mount Hotham Alpine Resort Management Board

[2022] FWCA 997

[2022] FWCA 997

The attached document wholly replaces the document previously issued with the code [2022] FWC 622 on 21 March 2022 to correct document referencing.

Isobel Riggall
Associate to Commissioner Mirabella

Dated 23 March 2022

[2022] FWCA 997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Mount Hotham Alpine Resort Management Board

(AG2022/605)

Mount Hotham Alpine Resort Management Board Enterprise Agreement 2021

Tourism industry
COMMISSIONER MIRABELLA	MELBOURNE, 21 MARCH 2022

Application for approval of the Mount Hotham Alpine Resort Management Board Enterprise Agreement 2021.

1. Mount Hotham Alpine Resort Management Board (the Employer) has made an application for approval of an enterprise agreement known as the Mount Hotham Alpine Resort Management Board Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 21 March 2022 and, in accordance with s. 54, will operate from 28 March 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515414  PR739533>

Annexure A