DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Katoomba Scenic Railway Pty Ltd T/A Scenic World
(AG2017/2506)

KATOOMBA SCENIC RAILWAY ENTERPRISE AGREEMENT 2016

Amusement, events and recreation industry
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2017

Application for approval of the Katoomba Scenic Railway Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Katoomba Scenic Railway Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Katoomba Scenic Railway Pty Ltd T/A Scenic World. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 13 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Katoomba Scenic Railway Pty Ltd T/A Scenic World sought approval of an enterprise agreement from the Fair Work Commission. The respondent, the Australian Rail, Tram and Bus Industry Union, contested the application, raising concerns about the terms and conditions of the agreement, particularly regarding wage rates and employee entitlements. The dispute was heard by the Fair Work Commission, Australia's independent workplace relations tribunal.

The legal issues before the Commission involved the fairness and validity of the proposed enterprise agreement. The Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for procedural fairness to the employees and whether it was free from any contravention of the Act. The respondent argued that the agreement did not adequately protect the employees' interests and contained terms that were less favourable than the applicable awards or the general industrial awards.

The Commission found that the agreement did not provide for procedural fairness to the employees as it did not include a proper dispute resolution process. Additionally, the Commission identified that certain terms of the agreement were less favourable than the applicable awards, which contravened the provisions of the Act. As a result, the Commission refused to approve the enterprise agreement. The Commission emphasised the importance of ensuring that employees are adequately protected under enterprise agreements and that procedural fairness is maintained.

The Fair Work Commission refused to approve the Katoomba Scenic Railway Enterprise Agreement 2016. The Commission directed the parties to negotiate in good faith to address the concerns raised and to submit a revised agreement for approval. The decision underscores the importance of procedural fairness and the protection of employee interests in enterprise agreements.

Katoomba Scenic Railway Pty Ltd T/A Scenic World

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established