Katoomba Scenic Railway Pty Ltd T/A Scenic World

[2015] FWCA 969

[2015] FWCA 969

FAIR WORK COMMISSION

DECISION

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

Katoomba Scenic Railway Pty Ltd T/A Scenic World
(AG2015/30)

KATOOMBA SCENIC RAILWAY ENTERPRISE AGREEMENT 2014

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 FEBRUARY 2015

Application for approval of the Katoomba Scenic Railway Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Katoomba Scenic Railway Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anthea Hammon on behalf of Katoomba Scenic Railway Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 8 January 2015. The application included a Statutory Declaration of Phil Hammon made on behalf of the Employer and dated 8 January 2015 (the Declaration). The Declaration stated that the Agreement was made on 26 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 February 2015. I note that the Agreement contains a flexibility term at clause 6.9 and a consultation term at clause 10.1.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 February 2015. The nominal expiry date of the Agreement as specified in clause 1.3 of the Agreement, is 13 December 2016.

COMMISSIONER

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