Australian Turf Club Limited

[2024] FWCA 1080

[2024] FWCA 1080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Turf Club Limited

(AG2024/593)

AUSTRALIAN TURF CLUB LIMITED & AWU BARRIER ATTENDANTS ENTERPRISE AGREEMENT 2024

Racing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 27 MARCH 2024

Application for approval of the Australian Turf Club Limited & AWU Barrier Attendants Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Australian Turf Club Limited & AWU Barrier Attendants 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 Applicant). The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) issue by the employer was in a form previously prescribed by the Fair Work Regulations 2009 (Regulations). I also observe that the NERR made reference to a proposed agreement to be known as ‘Australian Turf Club & Australian Workers Union Casual Barrier Attendants Enterprise Agreement 2023’. The title of the agreement which was ultimately endorsed by a vote of employees is ‘Australian Turf Club Limited & AWU Barrier Attendant Enterprise Agreement 2024’. On the basis of the submissions received by the Applicant, I am satisfied that these are minor procedural or technical errors within the meaning of s.188(5) of the Act and that employees were not likely to have been disadvantaged by the errors. I propose to disregard those errors.

1. The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

1. I note that Clause 2.4 of the Agreement provides that the National Employment Standards (NES) is a set of minimum employment entitlements prescribed within the Fair Work Act 2009 and that any content of the Agreement relating to the provisions of the NES applies, unless the NES provides a more favourable outcome for the employees in a particular respect. The clause further provides that nothing contained in the Agreement will undermine the provisions of the NES.

1. 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

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