Skyrail Pty Ltd T/A Skyrail Rainforest Cableway

[2020] FWCA 99

[2020] FWCA 99

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway
(AG2019/4804)

SKYRAIL RAINFOREST CABLEWAY - ENTERPRISE AGREEMENT - (EXCLUDING CABLEWAY MAINTENANCE EMPLOYEES) - 2019

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 JANUARY 2020

Application for approval of the Skyrail Rainforest Cableway - Enterprise Agreement - (Excluding Cableway Maintenance Employees) - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Skyrail Rainforest Cableway - Enterprise Agreement - (Excluding Cableway Maintenance Employees) - 2019 (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 T/A Skyrail Rainforest Cableway. 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. 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.

[3] The Notice of Employee Representational Rights provided to the Commission was not in the prescribed form as required by s.174 of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 January 2020 and, in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 8 January 2024.

COMMISSIONER

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