DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Turf Club Limited
(AG2021/3951)

AUSTRALIAN TURF CLUB LIMITED & AWU BARRIER ATTENDANTS ENTERPRISE AGREEMENT 2021

Racing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 MARCH 2021

Application for approval of the Australian Turf Club Limited & AWU Barrier Attendants Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Turf Club Limited & AWU Barrier Attendants Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to subsection 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Turf Club Limited applied to the Fair Work Commission for approval of the Australian Turf Club Limited and AWU Barrier Attendants Enterprise Agreement 2021. The Australian Workers Union sought to have the agreement approved. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009, including provisions for minimum terms and conditions of employment, and whether it complied with the "better off overall test."

The court had to determine if the agreement's provisions for wages, leave, and other employment conditions met the minimum standards set out in the Fair Work Act. The court also needed to assess whether the agreement was "better off overall" for the employees, meaning that on balance, the agreement provided a net benefit to the employees compared to the applicable award or registered agreement.

The Fair Work Commission found that the agreement met the minimum standards and complied with the better off overall test. The Commission considered various factors, including the wage increases, the changes in working conditions, and the overall benefits to the employees. The Commission approved the agreement, stating that it provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Australian Turf Club Limited and AWU Barrier Attendants Enterprise Agreement 2021. The Commission determined that the agreement met the legal requirements and provided a net benefit to the employees, thus satisfying the better off overall test. The approval was granted, and the agreement became effective.

Australian Turf Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established