DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Buller & Mt Stirling Alpine Resort Management Board
(AG2020/226)

MOUNT BULLER MOUNT STIRLING RESORT MANAGEMENT (RMB) ENTERPRISE AGREEMENT 2019-2020

Tourism industry
COMMISSIONER MCKINNON	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2019-2020.

[1] Application has been made by Mt Buller & Mt Stirling Alpine Resort Management Board for approval of a single enterprise agreement known as the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2019-2020 (the Agreement).

[2] A written undertaking has been given in accordance with s.190 of the Act. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] With the undertaking 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507239 PR717032>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mt Buller & Mt Stirling Alpine Resort Management Board sought approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2019-2020. The dispute involved the terms and conditions of employment of certain employees within the Board's jurisdiction. The Commission was tasked with assessing whether the proposed enterprise agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement appropriately balanced the interests of the employees and the employer, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also had to consider whether the agreement contained appropriate protections for employee rights, including provisions for minimum wages, hours of work, and other conditions of employment.

The Commission found that the agreement was generally in line with the legislative requirements and principles of good faith bargaining. It provided for fair and reasonable terms and conditions of employment, ensuring that the interests of both the employees and the employer were appropriately balanced. The agreement also included necessary provisions for minimum wages and other employment conditions, thereby protecting employee rights. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary legal standards.

The Commission's decision was final and binding, and no further appeal was permitted. The approved enterprise agreement now governs the employment terms and conditions for the relevant employees within the Mt Buller & Mt Stirling Alpine Resort Management Board.

Mt Buller & Mt Stirling 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