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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CaseChat Overview and Summary

The case before the Fair Work Commission involved Katoomba Scenic Railway Pty Ltd, trading as Scenic World, and its employees. The company sought approval for the Katoomba Scenic Railway Enterprise Agreement 2014, which was intended to govern the terms and conditions of employment for its staff. The application for approval was contested by the Australian Council of Trade Unions, which raised objections regarding certain provisions of the agreement.

The legal issues before the Commission included whether the provisions of the proposed agreement were consistent with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specific concerns were raised about the adequacy of the agreement in terms of minimum wage rates, penalty rates, leave entitlements, and procedural fairness in the negotiation process. The Commission needed to determine if the agreement complied with the legal standards for enterprise agreements under Australian labour law.

In its decision, the Commission found that while the proposed agreement contained several provisions that were in accordance with the Fair Work Act, there were areas of concern that needed to be addressed. The Commission determined that certain wage rates and leave entitlements did not meet the minimum standards required by law and that some procedural aspects of the negotiation process were deficient. The Commission made specific orders to modify the agreement to bring it into compliance with the Fair Work Act. These modifications included adjustments to wage rates, clarification of leave entitlements, and recommendations for procedural improvements in future negotiations.

The Commission approved the amended agreement, subject to the modifications made to address the identified legal issues. The decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements designed to protect the rights and interests of employees. The final orders reflected the Commission's commitment to enforcing the legal standards set out in the Fair Work Act.

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