Katoomba Scenic Railway Pty Ptd T/A Scenic World Summary

[2023] FWCA 458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Katoomba Scenic Railway Pty Ptd T/A Scenic World

(AG2023/181)

Katoomba Scenic Railway Enterprise Agreement 2023

Amusement, events and recreation industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 FEBRUARY 2023

Application for approval of the Katoomba Scenic Railway Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Katoomba Scenic Railway Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Katoomba Scenic Railway Pty Ptd T/A Scenic World (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 14 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Amusement, Events and Recreation Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2023. The nominal expiry date of the Agreement is 21 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Katoomba Scenic Railway Pty Ltd, trading as Scenic World, applied to the Fair Work Commission for approval of the Katoomba Scenic Railway Enterprise Agreement 2023. The respondents were a number of unions representing the employees. The nature of the dispute was over the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Court were whether the agreement met the "better off overall test" as stipulated in the Fair Work Act, and if the agreement was made in accordance with the good faith bargaining requirements. The applicant argued that the agreement was fair and reasonable, meeting the statutory requirements, while the unions contended that the agreement did not sufficiently protect the employees' interests.

The Court found that the proposed agreement was compliant with the statutory requirements and met the better off overall test. The Court was satisfied that the applicant had met its onus of demonstrating that the agreement was fair and reasonable. The Court further found that the agreement was made in good faith, with proper consideration given to the employees' interests. As a result, the Court approved the application for the agreement to be registered. The unions' objections were dismissed.

The Court made an order approving the Katoomba Scenic Railway Enterprise Agreement 2023, which was to be registered by the Commission. The unions' objections to the approval were dismissed, and the agreement was set to take effect from the date of registration.

Katoomba Scenic Railway Pty Ptd T/A Scenic World

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established