Australian Turf Club Limited

[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

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.

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.

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.

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

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.

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 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Australian Turf Club Limited and the Australian Workers Union, representing barrier attendants, before the Fair Work Commission. The applicants sought approval of the proposed enterprise agreement for barrier attendants for the period 2024. The dispute centred on the procedural fairness of the application process and the fairness of the terms of the proposed agreement. The Commission was tasked with determining whether the application process was conducted in a manner that was procedurally fair and whether the proposed agreement met the standards of procedural and substantive fairness.

The primary legal issues before the Commission were whether the application process for the enterprise agreement was conducted in a procedurally fair manner, and whether the terms of the proposed agreement were fair and reasonable. The Commission needed to examine if the process allowed for adequate representation and participation by the parties involved, and if the terms of the agreement were fair and met the requirements of the Fair Work Act. The Commission also needed to consider if the agreement was in line with the principles of good faith bargaining and if it provided appropriate protections for the employees.

The Commission found that the application process was procedurally fair as it provided the necessary opportunities for both parties to participate and be heard. The Commission was satisfied that the application process was conducted in a manner that allowed for meaningful consultation and that the parties had adequate opportunities to present their views. Regarding the terms of the agreement, the Commission determined that they were fair and reasonable, providing appropriate protections for the employees and meeting the standards of good faith bargaining. The Commission noted that the agreement addressed key issues such as wages, hours of work, and other conditions of employment in a manner that was fair and balanced.

The Fair Work Commission approved the proposed enterprise agreement, recognising it as meeting the procedural and substantive fairness standards. The Commission's decision confirmed the procedural fairness of the application process and the reasonableness of the terms of the agreement. The approval of the enterprise agreement was a significant outcome for the parties involved, providing a framework for future negotiations and ensuring fair and reasonable terms of employment for the barrier attendants.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established