Australian Turf Club Limited Summary

[2025] FWCA 3449

The attached document replaces the document previously issued with the above code on 15 October 2025.

Name of the Agreement in the Decision’s Preamble and Paragraph [1] amended to reflect the Title Clause of the relevant Enterprise Agreement.

Associate to Deputy President Roberts

Dated 17 October 2025.

[2025] FWCA 3449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Turf Club Limited

(AG2025/3284)

ATC & AWU TRACKS ENTERPRISE AGREEMENT

Racing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 15 OCTOBER 2025

Application for approval of the ATC & AWU Tracks Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the ATC & AWU Tracks Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australian Turf Club Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). Pursuant to s.190(4) of the Act the views of the bargaining representatives were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note the terms of clause 2.4 of the Agreement which provides that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Turf Club Limited (ATC) and the Australian Workers' Union (AWU) jointly applied for the approval of the ATC & AWU Tracks Enterprise Agreement 2025. The dispute centred on whether the proposed enterprise agreement, which outlined terms and conditions for employees in the tracks section of the ATC, met the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement provided for a fair and equitable balance between the parties' interests, and whether it complied with the "better off overall test". This test requires that the agreement should not be worse for employees than their existing terms and conditions or the relevant national award. Furthermore, the Commission considered whether the agreement contained any provisions that might be contrary to the public interest.

The Fair Work Commission determined that the agreement was fair and balanced, providing for the protection of employees' interests while also accommodating the operational needs of the ATC. The Commission found that the agreement met the better off overall test, as it did not disadvantage employees compared to their existing terms and conditions or the relevant award. The Commission also concluded that no provisions in the agreement were contrary to the public interest. Consequently, the Commission approved the ATC & AWU Tracks Enterprise Agreement 2025.

Australian Turf Club Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established