Australian Turf Club Limited Summary

[2014] FWCA 2459

FAIR WORK COMMISSION

DECISION

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

Australian Turf Club Limited
(AG2014/761)

AUSTRALIAN TURF CLUB TRADES ENTERPRISE AGREEMENT 2014

Racing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 11 APRIL 2014

Application for approval of the Australian Turf Club Trades Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Turf Club Trades Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Turf Club Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 3 April 2014. The application included a Statutory Declaration of Jennifer Schembri made on behalf of the Employer and dated 26 March 2014 (the Declaration). The Declaration stated that the Agreement was made on 21 March 2014. 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 11 April 2014. I note that the file has included Statutory Declarations of Paul Sinclair and Dave Broadley made on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Brian Parker made on behalf of the Construction, Forestry, Mining and Energy Union (the CFMEU) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 5 and a consultation term at clause 21.

[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 CEPU, 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 CEPU.

[8] The CFMEU, 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 CFMEU.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 18 April 2014. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Australian Turf Club Limited sought approval of the Australian Turf Club Trades Enterprise Agreement 2014, which was to govern the employment terms of its employees. The application was lodged with the Fair Work Commission, which was required to assess the agreement under the Fair Work Act 2009. The dispute involved the interpretation of certain provisions of the agreement, particularly those related to the classification of employees and the terms of their employment.

The legal issues before the Commission included whether the agreement adequately provided for the classification and remuneration of employees, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the criteria for being "freely agreed" and whether it contained all the "protected attributes" as required by the Act. The Commission also had to consider whether the agreement unfairly disadvantaged any particular group of employees.

In its decision, the Fair Work Commission found that the Australian Turf Club Trades Enterprise Agreement 2014 was in compliance with the requirements of the Fair Work Act. The Commission held that the agreement was "freely agreed" and contained all the necessary protected attributes. The Commission further found that the agreement did not unfairly disadvantage any group of employees, as it provided for appropriate classification and remuneration of employees. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment of employees within the Australian Turf Club Limited.

The Commission's final orders included the approval of the Australian Turf Club Trades Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of employees until such time as it was replaced or varied by a subsequent agreement.

Australian Turf Club Limited

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established