DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Katoomba Scenic Skyway Pty Ltd t/a Scenic World
(AG2016/2652)

KATOOMBA SCENIC SKYWAY ENTERPRISE AGREEMENT 2015

Amusement, events and recreation industry
COMMISSIONER ROE	MELBOURNE, 9 MAY 2016

Application for approval of the Katoomba Scenic Skyway Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Katoomba Scenic Skyway Enterprise Agreement 2015 (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 Skyway 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Katoomba Scenic Skyway Pty Ltd trading as Scenic World, which sought approval for the Katoomba Scenic Skyway Enterprise Agreement 2015. The Fair Work Commission, led by Commissioner Smith, was tasked with determining whether the agreement complied with the Fair Work Act 2009. The application arose from negotiations between Scenic World and the relevant unions, leading to the proposed agreement. The unions challenged the agreement on several grounds, asserting that it did not meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment, whether it contained permissible exclusions and opt-outs, and whether it allowed for appropriate dispute resolution mechanisms. The unions argued that the proposed agreement fell short in these areas, particularly in relation to the minimum terms and conditions, the extent of the exclusions and opt-outs, and the adequacy of the dispute resolution provisions. Scenic World contended that the agreement was fair and reasonable, and that it met all statutory requirements.

The Commission examined the provisions of the Fair Work Act and the Fair Work Regulations, alongside relevant case law, to assess the agreement. The Commission found that the agreement did provide for the minimum terms and conditions, including rates of pay, leave entitlements, and other essential terms. Regarding the exclusions and opt-outs, the Commission considered the nature and scope of these provisions and concluded that they were permissible under the Act. The dispute resolution mechanisms were also found to be appropriate, providing for an effective process for resolving any disputes that might arise. Consequently, the Commission approved the Katoomba Scenic Skyway Enterprise Agreement 2015.

In light of the findings, the Commission approved the agreement. This decision allowed Scenic World to implement the terms of the agreement, subject to the conditions of the approval. The unions' objections were largely dismissed, affirming the agreement's validity and compliance with the statutory requirements.

Katoomba Scenic Skyway 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