DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Hotham Alpine Resort Management Board
(AG2019/3566)

MOUNT HOTHAM RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2019

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Mount Hotham Resort Management Board Enterprise Agreement 2019

[1] An application has been made for approval of an enterprise agreement known as the Mount Hotham Resort Management Board Enterprise Agreement 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 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] 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] 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.

[5] The Agreement lodged contained an error in the title of the Agreement in Clause 1. On 16 October 2019, the Employer filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2019. The nominal expiry date of the Agreement is 1 September 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mount Hotham Alpine Resort Management Board sought approval of an enterprise agreement that had been negotiated with the relevant unions. The agreement sought to regulate various terms and conditions of employment for employees of the resort. The Fair Work Commission, with the presiding member, Deputy President Ryan, was tasked with examining the proposed agreement to determine whether it complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it was procedurally sound. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement was procedurally sound and had been made in good faith. The agreement contained all the prescribed minimum terms and conditions and was in the best interests of both the employees and the employer. The Commission approved the enterprise agreement, finding that it met all the requirements of the Fair Work Act. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of both parties. The Commission approved the enterprise agreement, allowing it to come into effect on the specified date.

Mount Hotham 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