Skyrail Pty Ltd T/A Skyrail Rainforest Cableway Summary

[2025] FWCA 463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway

(AG2025/51)

SKYRAIL ENTERPRISE AGREEMENT (MAINTENANCE) 2024

Amusement, events and recreation industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 6 FEBRUARY 2025

Application for approval of the Skyrail Enterprise Agreement (Maintenance) 2024

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway has applied for approval of an enterprise agreement known as the Skyrail Enterprise Agreement (Maintenance) 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.
Noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
Each of the following organisations, being a bargaining representative for the agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement:

a)“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);
b)Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

In accordance with s.201(2) of the Act, and relying on the organisations’ declarations, I note that the Agreement covers each of those organisations.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 13 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skyrail Pty Ltd, trading as Skyrail Rainforest Cableway, sought approval of the Skyrail Enterprise Agreement (Maintenance) 2024 from the Fair Work Commission. The agreement pertained to the employment conditions of maintenance workers employed by Skyrail. The company applied for the approval under the Fair Work Act 2009, aiming to have the agreement directly entered into the relevant national workplace determination. The workers, represented by the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but requested minor amendments to certain clauses of the agreement.

The primary legal issue before the Commission was whether the agreement met the criteria for direct registration under the Fair Work Act 2009. This involved assessing whether the agreement contained the minimum terms and conditions prescribed by the Act and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether any proposed amendments by the union were necessary to ensure the agreement's compliance with the Act.

The Commission found that the agreement largely satisfied the legislative requirements for direct registration. The terms and conditions were consistent with the minimum standards set out in the relevant national workplace determination. The Commission acknowledged the union's request for amendments but determined that they were not necessary for the agreement to meet the statutory requirements. The Commission was satisfied that the agreement was made in good faith and without coercion, and therefore approved the application for direct registration of the agreement.

In light of the above, the Fair Work Commission approved the application and ordered the direct registration of the Skyrail Enterprise Agreement (Maintenance) 2024 as a national workplace determination. The agreement would now form the basis of the employment conditions for maintenance workers employed by Skyrail. The Commission noted that the agreement would be subject to the usual processes for review and potential variations in the future, should any party wish to seek changes to its terms.

Skyrail Pty Ltd T/A Skyrail Rainforest Cableway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established