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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CaseChat Overview and Summary

Skyrail Pty Ltd, trading as the Skyrail Rainforest Cableway, applied to the Fair Work Commission for approval of an Enterprise Agreement, excluding Cableway Maintenance Employees. The application involved the negotiation and terms of employment for the employees of Skyrail, who were not involved in cableway maintenance. The nature of the dispute centred on whether the proposed agreement complied with the relevant legislative provisions and if it met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court were multifaceted, involving the interpretation and application of the Fair Work Act, specifically sections pertaining to the negotiation, content, and approval of enterprise agreements. The court had to determine whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and if it complied with the procedural requirements for approval. Furthermore, the court examined if the agreement adequately addressed the interests of the employees and the employer.

In examining the application, the Fair Work Commission considered the evidence provided by both parties, including the negotiation process, the content of the agreement, and the compliance with the statutory requirements. The court found that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court was satisfied that the procedural requirements for approval had been met, and the agreement was in the best interest of the employees and the employer. Consequently, the Fair Work Commission approved the Enterprise Agreement, excluding Cableway Maintenance Employees.

The final orders of the court were that the Enterprise Agreement, excluding Cableway Maintenance Employees, be approved and registered under the Fair Work Act. The agreement would now serve as the binding contract between Skyrail and the affected employees, setting out their terms and conditions of employment.

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established