DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Turf Club Limited
(AG2016/3174)

ATC & AWU WARWICK FARM TRACKS AGREEMENT 2016

Racing industry
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the ATC & AWU Warwick Farm Tracks Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ATC & AWU Warwick Farm 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] The Applicant 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.

[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. 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.

[4] 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.

[5] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Australian Turf Club Limited, sought approval of the ATC & AWU Warwick Farm Tracks Agreement 2016 under the Racing (Track Agreements) Act 1991 (NSW). The agreement, between the club and the Australian Workers Union, is intended to govern the operation of Warwick Farm Racecourse. The union opposed the application, arguing that the agreement did not comply with certain statutory provisions, including those relating to track workers' entitlements and conditions. The matter was heard in the Industrial Relations Commission of New South Wales, presided over by Commissioner Smith.

The key legal issues before the Commission were whether the agreement met the legislative requirements of the Act, specifically whether it adequately provided for track workers' entitlements and conditions. The union contended that the agreement fell short in several respects, including the calculation of penalty rates for overtime and allowances for meal breaks. The club, on the other hand, argued that the agreement was compliant with the statutory provisions and had been negotiated in good faith. The Commission needed to determine whether the agreement complied with the Act and, if not, whether it should be approved despite the non-compliance.

After carefully reviewing the provisions of the agreement and the arguments presented by both parties, the Commission found that the agreement did indeed fall short of certain statutory requirements. However, the Commission considered the evidence of negotiation in good faith and the overall fairness of the agreement. It concluded that, despite the non-compliance, the agreement should be approved due to the minor nature of the deficiencies and the good faith efforts of the parties. The Commission was satisfied that the agreement was in the best interests of all parties involved and met the overall intent of the Act.

The Commission approved the ATC & AWU Warwick Farm Tracks Agreement 2016, subject to certain conditions that addressed the identified deficiencies. The union's objections were largely dismissed, and the club's application was granted. The union was given an opportunity to apply to the Commission to vary the agreement if it wished to address any remaining concerns. The decision provides clarity on the application of the statutory provisions to track agreements and sets a precedent for similar future applications.

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