Mt Buller & Mt Stirling ARMB Summary

[2021] FWCA 5977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Buller & Mt Stirling ARMB
(AG2021/7067)

MOUNT BULLER MOUNT STIRLING RESORT MANAGEMENT (RMB) ENTERPRISE AGREEMENT 2021-2023

Tourism industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 SEPTEMBER 2021

Application for approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2021-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, 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.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2021-2023. The dispute arose between the applicant, RMB, and the respondents, which included various employee unions representing the workers at the Mount Buller and Mount Stirling resorts. The central issue was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009, including compliance with the "better off overall test" (BOOT) and other procedural requirements.

The legal issues before the court encompassed the interpretation and application of the BOOT, which necessitates that the proposed agreement provides employees with at least the same terms and conditions as those they currently enjoy or better. The court also had to consider whether the agreement was made in good faith and whether it complied with the procedural prerequisites, such as proper consultation and notification processes. Furthermore, the court needed to determine if the agreement contained all the mandated terms and conditions as per the Fair Work Act and if it adhered to the provisions regarding minimum wages and other entitlements.

In delivering the decision, the Fair Work Commission thoroughly examined the evidence and submissions from both parties. The Commission found that the proposed enterprise agreement met the BOOT, as it offered employees terms and conditions that were at least as good as, if not better than, their existing conditions. The Commission also confirmed that the agreement was made in good faith and that all procedural requirements had been met. The court further determined that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and adhered to the provisions regarding minimum wages and other entitlements. Consequently, the Commission approved the enterprise agreement, recognising its compliance with all legal and procedural requirements.

The final orders of the Commission were to approve the Mount Buller Mount Stirling Resort Management (RMB) Enterprise Agreement 2021-2023, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act and other applicable laws.

Mt Buller & Mt Stirling ARMB

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established