Australian Grand Prix Corporation T/A Australian Grand Prix

[2025] FWCA 373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Grand Prix Corporation T/A Australian Grand Prix

(AG2024/5038)

AUSTRALIAN GRAND PRIX CORPORATION ENTERPRISE AGREEMENT 2024

Tourism industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 JANUARY 2025

Application for approval of the Australian Grand Prix Corporation Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Australian Grand Prix Corporation Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Grand Prix Corporation T/A Australian Grand Prix (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the State Government Agencies Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Australian Grand Prix Corporation trading as the Australian Grand Prix, who sought approval for their Enterprise Agreement 2024. The Australian Grand Prix Corporation represents the organisers of the Formula One Australian Grand Prix, and the application was made to the Fair Work Commission. The primary nature of the dispute was the approval of the terms and conditions outlined in the Enterprise Agreement 2024, which governs the employment relationship between the corporation and its employees.

The legal issues before the Fair Work Commission included whether the Enterprise Agreement 2024 met the statutory requirements for approval, including fairness, directness, and whether it complied with the Fair Work Act 2009. The Commission had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission examined whether the agreement adequately protected the rights of employees, ensured compliance with minimum employment standards, and whether it was negotiated in accordance with the principles of freedom of association and collective bargaining.

The Fair Work Commission, after reviewing the submissions and evidence from both the Australian Grand Prix Corporation and the employees' representatives, found that the Enterprise Agreement 2024 was fair and reasonable. The Commission concluded that the agreement met all statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission highlighted the good faith negotiation process and the comprehensive nature of the agreement, which included provisions for wages, hours of work, leave, and other employment conditions. Consequently, the Fair Work Commission approved the Enterprise Agreement 2024.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2024 be approved, effective from 1 January 2024. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were required to provide the Commission with the necessary documentation within the stipulated timeframe. The approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the Australian Grand Prix Corporation and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established