Mount Hotham Alpine Resort Management Board

[2017] FWCA 4201

[2017] FWCA 4201

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mount Hotham Alpine Resort Management Board

(AG2017/2311)

Mount Hotham Alpine Resort Management Board 2016 Enterprise Agreement

State and Territory government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 AUGUST 2017

Application for approval of the Mount Hotham Alpine Resort Management Board 2016 Enterprise Agreement – agreement approved with undertakings.

1. An application was received by the Fair Work Commission (the Commission) on 19 June 2017 for approval of an enterprise agreement known as the Mount Hotham Alpine Resort Management Board 2016 Enterprise Agreement (the Agreement). The application was made by the Mount Hotham Alpine Resort Management Board (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. On 1 August 2017 the Commission wrote to the Applicant raising a number of issues regarding the Agreement and in light of these concerns foreshadowed that the application would be listed for a hearing.

1. The matter was heard on 10 August 2017 with prior to that hearing the Applicant foreshadowing that undertakings would be provided to the Commission in respect of some of the issues raised by the Commission.

1. The material provided by the Applicant and the Australian Workers Union (AWU), a bargaining representative for the Agreement, both prior to and at the hearing addressed the Commission’s issues. The hearing concluded on the basis that the Applicant would provide signed undertakings to the Commission. The AWU expressed no issues with the proposed undertakings.

1. Those undertakings were received by the Commission on 15 August 2017.

1. Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. Pursuant to s.190(3), I have accepted the undertakings from the Applicant. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

1. Further, the flexibility term contained in clause 2.14.1 of the Agreement does not comply with the requirements of s.203 of the Act in that it does not require the employer to ensure that a copy of any individual flexibility agreement that has been agreed to, be given to the employee within 14 days. Therefore, in accordance with s.202(4) of the Act the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The AWU, 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) of the Act I note that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 1 September 2019.

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