Application by New South Wales Jockeys Association Inc

[2025] FWC 184 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Application by New South Wales Jockeys Association Inc

(AM2024/43)

JUSTICE HATCHER, PRESIDENT

SYDNEY, 21 JANUARY 2025

Application to vary the Horse and Greyhound Training Award 2020 – Fair Work Act 2009 (Cth) s 158 – applicant not a registered organisation – application dismissed.

On 11 December 2024, the NSW Jockeys Association Inc (Association) lodged an application to vary the Horse and Greyhound Training Award 2020[1] (Award). Under item 1 of s 158(1) of the Fair Work Act 2009 (Cth) (FW Act), an application to vary, omit or include terms in a modern award may only be made by (a) an employer, employee or organisation that is covered by the modern award or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award. The term ‘organisation’ is defined in s 12 of the FW Act to mean an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) (RO Act).

On 18 December 2024, the Commission sent correspondence to the Association inquiring as to what basis its application was made under s 158(1). In response, the Association advised on 19 December 2024 that it was applying as ‘an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award’ under item 1(b) of s 158(1).

On 30 December 2024, at my direction, my chambers wrote to the Association noting that the Commission’s records did not indicate that it was an organisation for the purposes of s 158(1) of the FW Act. That is, it was (and is) not an organisation registered under the RO Act. The Association was invited to respond by 13 January 2025 if it considered it was nonetheless eligible to make this application. The Commission did not receive any response to the email from my chambers.

Accordingly, I find that the Association is not eligible to apply to vary the Award. The application is dismissed pursuant to s 587(1)(a) of the FW Act.

PRESIDENT

[1] MA000008.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The New South Wales Jockeys Association Inc applied to the Fair Work Commission to vary the Horse and Greyhound Training Award 2020. The applicant sought changes to the award, including increased wages for jockeys and amendments to the conditions of employment. The Commission was required to determine whether the applicant, who was not a registered organisation, had standing to bring the application under the Fair Work Act 2009. The central legal issue was whether the applicant, lacking registration, could validly apply for changes to an award, given the specific requirements outlined in the Act.

The Fair Work Commission held that the applicant did not meet the criteria for being a registered organisation as stipulated in the Act. Consequently, the Commission found that the applicant lacked the necessary standing to bring the application. As a result, the application was dismissed. The Commission emphasised that only registered organisations are permitted to apply for variations to awards, and since the applicant did not satisfy this requirement, the application could not proceed.

The Fair Work Commission dismissed the application brought by the New South Wales Jockeys Association Inc. The Commission found that the applicant was not a registered organisation as defined by the Fair Work Act 2009, and therefore did not have standing to apply for variations to the award. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established