DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perisher Blue Pty Limited T/A Perisher
(AG2018/1884)

PERISHER TRADES ENTERPRISE AGREEMENT 2018

Tourism industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Perisher Trades Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Perisher Trades Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perisher Blue Pty Limited, trading as Perisher, applied to the Fair Work Commission for approval of the Perisher Trades Enterprise Agreement 2018. The applicants were represented by Mr. W. J. A. K. Robinson, and the respondents, including the Australian Workers' Union, were represented by Mr. J. J. P. O’Farrell. The applicants sought to approve the agreement, which was designed to govern the employment conditions of their employees who are members of the union. The dispute centered around the provisions of the agreement and whether it complied with the Fair Work Act 2009.

The legal issues before the commission included whether the agreement met the requirements for good faith bargaining and whether it was in the best interests of the employees. The commission had to determine if the agreement contained provisions that were fair and reasonable, and whether it provided for adequate protections and benefits for the employees. Additionally, the commission needed to assess if the agreement complied with the relevant sections of the Fair Work Act, including the requirements for direct and meaningful consultation with the employees.

The commission found that the applicants had engaged in good faith bargaining and that the agreement contained provisions that were fair and reasonable. The commission concluded that the agreement provided for adequate protections and benefits for the employees and that it complied with the relevant sections of the Fair Work Act. The commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. As a result, the commission approved the Perisher Trades Enterprise Agreement 2018.

Perisher Blue Pty Limited T/A Perisher

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established