Perisher Blue Pty Limited T/A Perisher

[2023] FWCA 1946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Perisher Blue Pty Limited T/A Perisher

(AG2023/1894)

PERISHER TRADES ENTERPRISE AGREEMENT 2023

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2023

Application for approval of the Perisher Trades Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Perisher Trades Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perisher Blue Pty Limited T/A Perisher. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 29 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Perisher Blue Pty Limited T/A Perisher applied for approval of the Perisher Trades Enterprise Agreement 2023. The application was opposed by the Australian Workers Union (AWU). The dispute centred around various aspects of the proposed agreement, including employee entitlements, pay rates, and work arrangements.

The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether the bargaining process had been genuinely undertaken. Key issues included the fairness of the proposed pay rates, the adequacy of the agreement's provisions for employee rest periods and shift patterns, and the extent to which the agreement complied with the principles of the Fair Work Act 2009.

The Commission found that the agreement provided for fair and reasonable terms and conditions, noting that the proposed pay rates were consistent with those in similar agreements within the industry. The Commission also concluded that the agreement's provisions for rest periods and shift patterns were reasonable, taking into account the practicalities of the employer's business operations. The Commission was satisfied that the bargaining process had been genuinely undertaken, with both parties engaging in meaningful negotiations. Accordingly, the application for approval was granted.

The Commission's final orders included the approval of the Perisher Trades Enterprise Agreement 2023, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to both parties and the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established