DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Turf Club Limited
(AG2016/6377)

ATC & AWU ROYAL RANDWICK TRACKS AGREEMENT 2016

Racing industry
COMMISSIONER ROE	SYDNEY, 23 NOVEMBER 2016

Application for approval of the ATC & AWU Royal Randwick Tracks Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ATC & AWU Royal Randwick Tracks Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Turf Club Limited sought approval for the ATC & AWU Royal Randwick Tracks Agreement 2016, a collective agreement governing the terms and conditions of employment for certain employees of the club. The Racing Industry Employees Union was a party to the agreement. The matter was heard in the Fair Work Commission. The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for minimum standards of employment that were no less favourable than those provided for in the relevant modern award. The commission considered the provisions of the agreement and the submissions of the parties. It found that the agreement provided for terms and conditions of employment that were no less favourable than those in the relevant modern award and that it met the requirements of the act. The commission approved the agreement, subject to certain modifications to ensure compliance with the act. The final orders included the approval of the agreement, with the modifications made by the commission, and the setting aside of any previous orders that were inconsistent with the approval.

Australian Turf Club Limited

DECISION

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Legal Principle Established