Mount Hotham Alpine Resort Management Board Summary

[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.

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The applicant, the Mount Hotham Alpine Resort Management Board, applied to the Fair Work Commission for the approval of an enterprise agreement. The enterprise agreement in question was between the Board and the employees covered by the agreement, which included various classifications such as ski patrollers, lift operators, and hospitality staff. The dispute centred on whether the terms of the proposed agreement were in compliance with the relevant industrial laws and whether they provided for the fair and reasonable remuneration, conditions, and entitlements of the employees.

The legal issues before the court were primarily focused on whether the enterprise agreement adequately covered the mandated minimum terms and conditions as stipulated by the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. Additionally, the court had to consider if the agreement was fair and reasonable in all its terms and whether it provided for the effective management of the workplace.

The court found that the enterprise agreement met all the legislative requirements under the Fair Work Act. It determined that the agreement provided for fair and reasonable terms, including appropriate wage rates and conditions for the various classifications of employees. The court also confirmed that the agreement was made in good faith and without any element of coercion. The court was satisfied that the agreement provided for effective management of the workplace while ensuring that the employees' rights and entitlements were adequately protected.

Following the court's determination, the Fair Work Commission approved the Mount Hotham Alpine Resort Management Board Enterprise Agreement 2021. The agreement now legally binds the parties and will govern the employment conditions of the covered employees.

Mount Hotham Alpine Resort Management Board

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established