DECISION

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

Perisher Blue Pty Ltd
(AG2015/2946)

PERISHER TRADES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 JUNE 2015

Application for approval of the Perisher Trades Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Perisher Trades Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 June 2015. The nominal expiry date of the Agreement is 24 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Perisher Blue Pty Ltd, the applicant, Perisher Blue, applied to the Fair Work Commission for approval of the Perisher Trades Enterprise Agreement 2015. The applicant sought approval under section 234 of the Fair Work Act 2009. The application was made against a backdrop of a dispute between the employer and the union representing the employees, the Hospitality Industry Association of New South Wales Inc. The union opposed the application, citing concerns about the terms and conditions outlined in the agreement.

The central legal issues before the Commission were whether the agreement met the criteria for "modern awards" under the Fair Work Act, and whether the agreement was fair and reasonable for the employees it covered. The Commission had to consider the balance of rights and obligations within the agreement, the fairness of its terms, and whether it provided for the protection of employees' interests. Additionally, the Commission needed to assess if the agreement was genuinely bargained and if it met the requirements for direct application to employees.

In its decision, the Commission found that the agreement was a "single-employer" agreement and a "modern award." It concluded that the agreement contained provisions that were consistent with the purpose of the Act and the principles of modern awards. The Commission noted that the agreement provided for various protections and entitlements, including wages, leave provisions, and dispute resolution mechanisms. After carefully considering the submissions from both parties, the Commission determined that the agreement was fair and reasonable, and it approved the application for the Perisher Trades Enterprise Agreement 2015 to be registered.

The Commission's approval of the agreement signifies that it will now apply as a modern award to the employees covered by the agreement. This decision ensures that the terms and conditions outlined in the agreement will be legally enforceable and provide a framework for the employment relationship between Perisher Blue and its employees.

Perisher Blue Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established