Skyrail Pty Ltd

[2014] FWCA 1628

FAIR WORK COMMISSION

DECISION

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

Skyrail Pty Ltd
(AG2014/140)

SKYRAIL RAINFOREST CABLEWAY - ENTERPRISE AGREEMENT (EXCLUDING CABLEWAY MAINTENANCE EMPLOYEES) - 2014

Amusement, events and recreation industry
COMMISSIONER SIMPSON	BRISBANE, 7 MARCH 2014

Application for approval of the Skyrail Rainforest Cableway - Enterprise Agreement (Excluding Cableway Maintenance Employees) - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Skyrail Rainforest Cableway - Enterprise Agreement (Excluding Cableway Maintenance Employees) - 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyrail Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skyrail Pty Ltd sought approval for a new enterprise agreement from the Fair Work Commission, specifically for the Skyrail Rainforest Cableway (excluding cableway maintenance employees) in 2014. The application was made under section 231 of the Fair Work Act 2009. The respondents, including unions and employee representatives, contested the application on various grounds, asserting that the proposed agreement did not meet the requirements of the Act and was unfair.

The primary legal issues revolved around whether the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements set out in the Act. The respondents argued that the agreement did not adequately protect employees' rights and interests and that there was insufficient consultation with employee representatives.

The Commission found that the application did not meet the requirements for approval. It concluded that the proposed agreement did not ensure fair and reasonable terms and conditions for the employees and did not provide adequate protections. The Commission also determined that there was insufficient evidence of genuine bargaining and consultation with employee representatives, which is a statutory requirement. Consequently, the application was dismissed.

As a result, the Fair Work Commission did not approve the proposed enterprise agreement. The decision emphasised the importance of good faith bargaining, fair terms, and proper consultation in the enterprise agreement process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established