Mt Baw Baw Alpine Resort Management Board T/A Mt Baw Baw Alpine Resort

[2014] FWCA 7211

[2014] FWCA 7211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Mt Baw Baw Alpine Resort Management Board T/A Mt Baw Baw Alpine Resort
(AG2014/9135)

MT BAW BAW RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2014

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 14 OCTOBER 2014

Application for approval of the Mt Baw Baw Resort Management Board Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mt Baw Baw Alpine Resource Management Board t/as Mt Baw Baw Alpine Resort (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mt Baw Baw Resort Management Board Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and is to cover 21 employees who are employed at the applicant’s ski resort in Victoria.

[2] The employees were last notified of their representational rights on 17 March 2013, and voting for the Agreement’s approval took place on 10 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by a show of hands, all 12 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 September 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Farkas, Human Resources Manager, identified the Alpine Resorts Award 2010 [MA000092] and the State Government Agencies Administration Award 2010 [MA000121] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Farkas said that the Agreement provides for clear casual conversion and rostering processes and that the Agreement does not contain any less beneficial terms. Rates of pay are to be increased by 2.5% on the date of approval of the Agreement and on the first and second anniversaries of this date. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6.5.17 and 7 respectively, and a disputes resolution procedure at clause 7.3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 8 October 2014, Mr A Flint and Mr M Farkas,appeared for the applicant and Mr C Winter 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 Flint 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. He explained that the applicant employed approximately 21 full-time employees and that the remainder of the applicant’s workforce consisted of seasonal and casual employees. Mr Winter supported the submissions of the applicant.

[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 Mr Baw Baw Resort Management Board Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 15 October 2014 and have a nominal expiry date of 12 May 2017.

DEPUTY PRESIDENT

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