Australian Turf Club Limited
[2024] FWCA 1724
•10 MAY 2024
| [2024] FWCA 1724 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Turf Club Limited
(AG2024/1234)
APPLICATION FOR APPROVAL OF THE ATC EVENTS ENTERPRISE AGREEMENT 2024
| Racing industry | |
| COMMISSIONER LEE | MELBOURNE, 10 MAY 2024 |
Application for approval of the ATC Events Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the ATC Events Enterprise Agreement 2024 (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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 12.2 - Abandonment of Employment.
· Clause 26.6 – Annual Leave.
However, noting clause 2.3 of the Agreement, 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 17 May 2024. The nominal expiry date of the Agreement is 1 March 2026.
COMMISSIONER
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Annexure A
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