DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway
(AG2018/3486)

SKYRAIL RAINFOREST CABLEWAY ENTERPRISE AGREEMENT – (CABLEWAY MAINTENANCE EMPLOYEES) – 2018

Amusement, events and recreation industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MARCH 2019

Application for approval of the Skyrail Rainforest Cableway Enterprise Agreement – (Cableway Maintenance Employees) – 2018.

[1] An application has been made for approval of an enterprise agreement known as the Skyrail Rainforest Cableway Enterprise Agreement – (Cableway Maintenance Employees) – 2018 (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] The Employer 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway, an entity involved in the operation of a tourist attraction, applied to the Fair Work Commission for the approval of the Enterprise Agreement concerning their Cableway Maintenance Employees for the year 2018. The dispute centred around the terms and conditions laid out in the proposed agreement, which the parties sought to have approved as a legally binding contract.

The legal issues the court needed to resolve were primarily concerned with whether the agreement complied with the relevant legislative requirements, including the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the necessary standards for good faith bargaining and if it contained the minimum terms and conditions prescribed by law. Additionally, the court had to consider if the agreement was fair and reasonable for the employees, taking into account various factors such as the employees' interests, the business's capacity to pay, and the overall impact on the industry.

The Fair Work Commission, in its decision, closely examined the agreement in light of the statutory provisions and relevant jurisprudence. The court found that the agreement demonstrated good faith bargaining and included the minimum terms and conditions as required by law. Furthermore, the court concluded that the agreement was fair and reasonable, considering the interests of the employees, the financial capacity of the business, and the broader industry context. Consequently, the court approved the Enterprise Agreement as binding between the parties.

No additional orders were made by the court beyond the approval of the Enterprise Agreement. The decision was rendered with the intent to formalise the terms and conditions agreed upon by the employer and the employees, ensuring that they were in compliance with the Fair Work Act 2009 and other relevant laws.

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