Australian Turf Club Summary

[2022] FWCA 3461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Turf Club

(AG2022/4107)

ATC & AWU Tracks Enterprise Agreement 2022

Racing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 OCTOBER 2022

Application for approval of the ATC & AWU Tracks Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ATC & AWU Tracks Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Turf Club brought an application before the Fair Work Commission, seeking approval for the ATC & AWU Tracks Enterprise Agreement 2022. The Australian Workers' Union was also a party to the application, as it represented the employees involved in the agreement. The central issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on its compliance with the provisions for minimum terms and conditions of employment.

The court had to determine whether the agreement provided for the minimum entitlements, including minimum rates of pay, leave entitlements, penalty rates, and maximum weekly hours, as specified under the Fair Work Act. Additionally, the court examined whether the agreement included a proper dispute resolution process and whether it was free from any terms that would undermine the minimum safety net of entitlements. The decision also required consideration of submissions from both parties and any relevant evidence or arguments presented during the hearing.

After reviewing the agreement and the submissions, the court found that the ATC & AWU Tracks Enterprise Agreement 2022 met all the necessary criteria for approval. The agreement provided for all the required minimum terms and conditions, included an appropriate dispute resolution process, and did not include any terms that would undermine the minimum safety net of entitlements. Consequently, the court approved the agreement. The final orders of the court were that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Australian Turf Club

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established