DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Turf Club Limited
(AG2019/3166)

ATC & AWU TRACKS ENTERPRISE AGREEMENT 2019

Racing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the ATC & AWU Tracks Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ATC & AWU Tracks Enterprise Agreement 2019 (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.

[2] 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.

[3] 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.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Australian Turf Club Limited, the applicant sought approval of the ATC & AWU Tracks Enterprise Agreement 2019. The application was heard in the Fair Work Commission, which was required to consider whether the terms of the agreement were fair and reasonable in accordance with the Fair Work Act 2009. The applicant contended that the agreement was fair and reasonable, while the respondent, Australian Workers' Union, argued that certain terms of the agreement were unfair.

The central legal issues the Commission was required to decide were whether the agreement met the statutory requirements for approval, and whether the terms of the agreement were fair and reasonable. This involved examining whether the agreement provided for appropriate minimum wages and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission was also required to consider whether any unfair terms were so significant as to render the entire agreement unfair.

In reaching its decision, the Commission considered the principles of fairness and reasonableness as established by relevant case law. It examined the terms of the agreement in detail, including the provisions relating to wages, hours of work, and other employment conditions. The Commission concluded that the agreement was fair and reasonable, as it provided for appropriate minimum wages and conditions, and complied with the requirements of the Fair Work Act. The Commission found that while some terms were contentious, they did not render the agreement as a whole unfair.

The Commission approved the ATC & AWU Tracks Enterprise Agreement 2019, subject to certain modifications to address the concerns raised by the respondent. The final orders of the Commission were that the agreement be approved with modifications to certain provisions relating to penalty rates and shift allowances. The respondent was given the opportunity to lodge an application for review of the decision within 21 days of the decision being issued.

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