Australian Turf Club Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Turf Club Limited applied to the Fair Work Commission (FWC) for approval of the ATC Events Enterprise Agreement 2024. The application was made under section 231 of the Fair Work Act 2009. The FWC was required to decide whether the agreement met the 'better off overall test' and whether it was in the public interest.

The FWC considered the application, noting that the agreement provided for annual wage increases and a range of other benefits. The FWC also noted that the agreement contained provisions for the protection of employees' rights, including provisions for redundancy and termination. The FWC concluded that the agreement met the 'better off overall test' and was in the public interest.

The FWC approved the ATC Events Enterprise Agreement 2024, effective from 1 July 2024. The FWC noted that the agreement provided for a fair and reasonable outcome for all parties involved. The FWC also noted that the agreement provided for a stable and productive working environment for employees. The FWC considered that the agreement would contribute to the economic and social well-being of the parties involved.

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