DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Business Lawyers & Advisors Pty Limited
(AG2017/1640)

NEWCASTLE JOCKEY CLUB ENTERPRISE AGREEMENT 2016

Racing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 5 JUNE 2017

Application for approval of the Newcastle Jockey Club Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Jockey Club Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Business Lawyers & Advisors Pty Limited on behalf of the Newcastle Jockey Club Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 21 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Australian Business Lawyers & Advisors Pty Limited, the applicant sought approval of the Newcastle Jockey Club Enterprise Agreement 2016. The dispute arose in the Fair Work Commission, the central tribunal for employment relations matters in Australia, where the Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided adequate protection for employees' rights and interests and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement had been fairly negotiated, contained no unfair content, and complied with procedural requirements such as proper notice and opportunity for affected parties to make submissions.

The Commission reviewed the agreement in detail, considering the negotiation process, the content of the agreement, and submissions from interested parties. It found that the agreement was the product of genuine bargaining and did not contain any unfair terms. The applicant had provided evidence of a thorough negotiation process and the agreement included provisions for minimum wages, conditions, and dispute resolution mechanisms. The Commission was satisfied that all procedural requirements had been met, including adequate notice and opportunity for submission. Consequently, the Commission approved the agreement, confirming that it met all statutory requirements for approval.

The final orders of the Commission were that the Newcastle Jockey Club Enterprise Agreement 2016 be approved as meeting the requirements of the Fair Work Act. The applicant's application was thus successful, and the agreement was formally approved, allowing it to be registered and enforced as a binding enterprise agreement under Australian employment law.

Australian Business Lawyers & Advisors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established