DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Turf Club Limited
(AG2015/6535)

ATC & AWU ROSEHILL GARDENS AND CANTERBURY PARK TRACKS AGREEMENT 2015

Racing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 16 NOVEMBER 2015

Application for approval of the ATC & AWU Rosehill Gardens and Canterbury Park Tracks Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ATC & AWU Rosehill Gardens and Canterbury Park Tracks 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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 30 October 2015. The application included a Statutory Declaration of Jennifer Schembri made on behalf of the Employer and dated 29 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 20 October 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 November 2015. I note that the file has included a Statutory Declaration of V. F. Falconer made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 31 and a consultation term at clause 32.

[6] 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.
[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 November 2015. The nominal expiry date of the Agreement as specified in clause 3.1 of the Agreement, is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Turf Club Limited applied to the Fair Work Commission for approval of the ATC & AWU Rosehill Gardens and Canterbury Park Tracks Agreement 2015. The Australian Workers' Union, which represented certain employees, had lodged the agreement for approval. The dispute was centred on the terms of employment and working conditions for the employees at Rosehill Gardens and Canterbury Park tracks. The Fair Work Commission was tasked with determining whether the agreement was in the best interest of the employees and if it complied with the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was to assess whether the proposed agreement met the criteria for being a "better off overall" agreement as required by the Fair Work Act 2009. This involved examining if the agreement provided a net benefit to the employees compared to the applicable awards or existing agreements. The Commission also needed to consider whether the agreement complied with the good faith bargaining requirements and other statutory provisions.

The Fair Work Commission examined the terms and conditions of the proposed agreement, comparing them against the applicable awards and considering the views of the parties involved. The Commission concluded that the agreement was a "better off overall" agreement, providing employees with improved terms and conditions of employment. The Commission found that the agreement complied with the good faith bargaining requirements and did not contravene any provisions of the Fair Work Act 2009. Consequently, the Commission approved the ATC & AWU Rosehill Gardens and Canterbury Park Tracks Agreement 2015.

The final orders of the Fair Work Commission included the approval of the ATC & AWU Rosehill Gardens and Canterbury Park Tracks Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the relevant employees at the specified racecourses. The decision ensured that the agreement would provide the employees with improved working conditions and terms of employment, as determined by the Commission.

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