Mount Hotham Alpine Resort Management Board

[2021] FWCA 375

[2021] FWCA 375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Hotham Alpine Resort Management Board
(AG2020/3935)

MOUNT HOTHAM ALPINE RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2020

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2021

Application for approval of the Mount Hotham Resort Management Board Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mount Hotham Resort Management Board Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Hotham Alpine Resort Management Board. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged with the Fair Work Commission contained an error in Clause 2.4.3. On 22 January 2021, the Applicant filed an amended Agreement page rectifying the error pursuant to s.586 of the Act. I am satisfied that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Notice of Employee Representational Rights was not in its prescribed form as it included the date of issue. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] 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.

[6] 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.

[7] 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2021. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE510199  PR726429>

Annexure A