Mount Hotham Resort Management Board

[2013] FWCA 6373

[2013] FWCA 6373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Hotham Resort Management Board
(AG2013/2416)

MOUNT HOTHAM RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2013

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Mount Hotham Resort Management Board Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mount Hotham Resort Management Board (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mount Hotham Resort Management Board Enterprise Agreement 2013.(the ‘Agreement’). The Agreement was negotiated with The Australian Workers’ Union (the ‘Union’). The Agreement is to cover around 80 employees, other than those on Government Senior Executive Remuneration Panel Contracts (GSERP Contracts). For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 6 June 2013, and voting for the Agreement’s approval took place on 8 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot of 61 of the employees, they all agreed to approve the Agreement. The application for approval of the Agreement was lodged on 16 August 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr Colin Rose, Bargaining Agent identified the State Government Agencies Administration Award 2010, The Alpine Resorts Award 2010, Miscellaneous Award 2010 and Victorian Alpine Resorts Award 1999 as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Rose said that the Agreement is more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for wage increases of 3.1 per cent each year during the Agreement’s nominal term, commencing from 1 June 2013. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clause 2.18 and clause 8.1 respectively, and a disputes resolution procedure at clause 8.2 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 30 August 2013,Mr Rose appeared for the applicant and Mr C Winter and Mr K Shepherd appeared for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Rose outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Mount Hotham Resort Management Board Enterprise Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 6 September 2013 and have a nominal expiry date of 1 September 2016.

DEPUTY PRESIDENT

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