DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Alpine Resort Management Board
(AG2018/4785)

SOUTHERN ALPINE RESORT MANAGEMENT BOARD ENTERPRISE AGREEMENT 2018

Tourism industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Southern Alpine Resort Management Board Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Alpine Resort Management Board 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 Southern Alpine Resort Management Board. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 7.6 – Personal Leave;

However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union 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 was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Alpine Resort Management Board, an entity managing ski resorts, applied to the Fair Work Commission for approval of the Southern Alpine Resort Management Board Enterprise Agreement 2018. This agreement sought to regulate the employment terms and conditions of its employees. The application was opposed by the Australian Workers Union and the Alpine Workers Union, which argued that certain provisions of the agreement were not fair and reasonable.

The primary legal issues before the Commission involved whether the provisions of the agreement concerning redundancy payments, shift penalties, and the handling of casual employees were fair and reasonable. The unions argued that these provisions did not adequately protect employees' interests, while the Board contended that the provisions were necessary for the smooth operation of the ski resorts and were in line with industry standards.

The Fair Work Commission, after considering the submissions from both parties, determined that the provisions regarding redundancy payments and shift penalties were fair and reasonable. However, it found that the provisions concerning the handling of casual employees were not entirely fair. The Commission identified specific clauses that needed to be modified to ensure they better protected the rights of casual employees. The Commission then provided detailed directions for amending these clauses to achieve fairness. Having made these findings, the Commission approved the agreement with the amended provisions.

The final orders of the Commission included the approval of the enterprise agreement with the specified amendments to ensure compliance with the Fair Work Act. The unions were directed to withdraw their objections, and the Board was instructed to implement the necessary changes within a specified timeframe.

Southern 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