DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Turf Club Limited
(AG2016/2083)

AUSTRALIAN TURF CLUB LIMITED & AUSTRALIAN WORKERS UNION CASUAL BARRIER ATTENDANTS ENTERPRISE AGREEMENT 2015

Racing industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Australian Turf Club Limited & Australian Workers Union Casual Barrier Attendants Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Turf Club Limited & Australian Workers Union Casual Barrier Attendants Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Turf Club Limited. The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union Greater New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2016. The nominal expiry date of the Agreement is 1 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Turf Club Limited applied to the Fair Work Commission for approval of the Australian Turf Club Limited & Australian Workers Union Casual Barrier Attendants Enterprise Agreement 2015. The Australian Workers Union opposed the application, contending that the agreement was not appropriately certified and failed to meet the requirements of the Fair Work Act. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the Commission were whether the agreement was appropriately certified and if it complied with the relevant provisions of the Fair Work Act. The Commission examined the evidence provided by both parties, including the certification process and the terms of the agreement. The Commission also considered whether the agreement met the requirements for procedural fairness and if it provided for proper consultation and negotiation.

The Full Bench found that the agreement was appropriately certified and met the requirements of the Fair Work Act. The Commission concluded that the certification process was valid and that the agreement was negotiated in good faith. The Commission also found that the agreement provided for procedural fairness and that the parties had properly consulted with each other. The Commission approved the agreement, finding that it met all the necessary requirements.

The Fair Work Commission approved the Australian Turf Club Limited & Australian Workers Union Casual Barrier Attendants Enterprise Agreement 2015. The Commission found that the agreement was appropriately certified and complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement provided for procedural fairness and that the parties had properly consulted with each other. The Commission's decision was final and binding, and the agreement was approved for registration.

Australian Turf Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established