4 yearly review of modern awards – Alpine Resorts Award 2010 - [2018] FWCFB 5951

[2018] FWCFB 5951

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Alpine Resorts Award 2010

(AM2016/30)

VICE PRESIDENT HATCHER

DEPUTY PRESIDENT DEAN
COMMISSIONER RIORDAN

SYDNEY, 21 SEPTEMBER 2018

Alpine Resorts Award 2010 - substantive issues.

On 27 August, the Full Bench issued a decision [2018] FWCFB 4984 (Decision) which dealt with the substantive issues concerning coverage of the Alpine Resorts Award 2010 (Alpine Award).

At paragraph [82] of the Decision, the Full Bench invited interested parties to provide submissions concerning the proposed variations to the Alpine Award and the State Government Agencies Award 2010 within 21 days of the Decision.

Due to IT issues experienced by the Fair Work Commission at that time, the Full Bench understands that the Decision may not have been received by all interested parties. Accordingly, the date for filing of submissions is extended and interested parties are to file submissions by 5.00pm on Friday 12 October 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the review of the Alpine Resorts Award 2010 under the Fair Work Act 2009. The Alpine Resorts Award 2010, which governs employment conditions for workers in the alpine resorts industry, was subject to a four-yearly review by the Fair Work Commission. The review process included the consideration of submissions from interested parties regarding proposed changes to the award. The Full Bench of the Fair Work Commission, comprising Vice President Hatcher, Deputy President Dean, and Commissioner Riordan, was tasked with overseeing the review.

The legal issues before the Full Bench involved determining the appropriate changes to the Alpine Resorts Award 2010 to ensure it reflected current employment practices and conditions in the alpine resorts industry. This included assessing the coverage of the award and evaluating the proposed variations submitted by the interested parties. Additionally, the Full Bench needed to address any potential delays in communication due to IT issues experienced by the Fair Work Commission, which might have prevented some parties from receiving the initial decision on time.

In its reasoning, the Full Bench acknowledged the IT issues that may have hindered timely communication of the initial decision to all interested parties. To ensure fairness and inclusivity in the review process, the Full Bench extended the deadline for submitting responses to the proposed variations of the Alpine Resorts Award 2010. The Full Bench emphasized the importance of allowing all relevant parties the opportunity to contribute to the review process. Consequently, interested parties were required to file their submissions by 5:00 PM on Friday, 12 October 2018. This extension aimed to provide adequate time for all stakeholders to review the proposed changes and submit their feedback.

The court's decision involved an extension of the deadline for interested parties to submit their responses regarding the proposed variations to the Alpine Resorts Award 2010. The new deadline was set as 5:00 PM on Friday, 12 October 2018, to accommodate potential delays caused by the IT issues experienced by the Fair Work Commission. This extension aimed to ensure that all relevant parties had an opportunity to review and respond to the proposed changes, thereby upholding the fairness and inclusivity of the review process.

4 yearly review of modern awards – Alpine Resorts Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established