Application by New South Wales Jockeys Association Inc

[2025] FWC 184

[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.

1. 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).

1. 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).

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.

1. 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

<PR783470>

[1]  MA000008.

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