Southern Alpine Resort Management Board Summary

[2022] FWCA 1978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Alpine Resort Management Board

(AG2022/1230)

Southern Alpine Resort Management Board Enterprise Agreement 2022

Tourism industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2022

Application for approval of the Southern Alpine Resort Management Board Enterprise Agreement 2022

An application has been made by Southern Alpine Resort Management Board pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Southern Alpine Resort Management Board Enterprise Agreement 2022 (the Agreement).

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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Workers’ Union, 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 23 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Southern Alpine Resort Management Board sought approval of the Southern Alpine Resort Management Board Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, where the dispute centred on whether the proposed enterprise agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. The board argued that the agreement met all statutory requirements and would provide fair and reasonable terms for employees, while the objectors contended that the agreement failed to comply with certain legislative provisions and was not in the best interests of the employees.

The Fair Work Commission was required to determine whether the proposed agreement satisfied the criteria set out in the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was free from prohibited content. The Commission also needed to consider whether the agreement had been negotiated in good faith, whether it complied with the process requirements, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement was consistent with the requirements of the Act, and that it provided fair and reasonable terms for employees. The Commission also found that the agreement had been negotiated in good faith and was not likely to have an adverse effect on workplace relations. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission's decision was that the Southern Alpine Resort Management Board Enterprise Agreement 2022 should be approved, and it was registered on the relevant public register. The Commission found that the agreement was in compliance with the Fair Work Act and that it provided fair and reasonable terms for employees. The Commission also found that the agreement had been negotiated in good faith and was not likely to have an adverse effect on workplace relations.

Southern Alpine Resort Management Board

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established