DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betfair Pty Ltd T/A Betfair
(AG2015/888)

BETFAIR ENTERPRISE AGREEMENT (BEA) 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 MAY 2015

Application for approval of the Betfair Enterprise Agreement (BEA) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Betfair Enterprise Agreement (BEA) 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betfair Pty Ltd T/A Betfair. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 May 2015 and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Betfair Pty Ltd, trading as Betfair, applied to the Fair Work Commission for approval of the Betfair Enterprise Agreement (BEA) 2015. The application was contested by the Finance Sector Union of Australia, which represented a number of Betfair employees. The primary dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The legal issues included whether the agreement provided for fair and reasonable terms, including appropriate wages and conditions for employees, and whether it complied with the provisions of the Fair Work Act.

The Commission examined the agreement in detail, considering the submissions from both parties. The key points of contention included the classification of certain employee roles, the calculation of penalty rates, and provisions relating to redundancy and termination. The Commission noted that while the agreement contained provisions that were generally fair and reasonable, there were areas that required clarification or amendment to ensure compliance with the Act. After considering the evidence and submissions, the Commission determined that certain clauses in the agreement did not meet the statutory requirements and needed to be modified. The Commission made specific orders regarding the changes necessary to achieve compliance.

The final orders included specific directions for the modification of certain clauses in the agreement to ensure they complied with the Fair Work Act. The Commission approved the agreement, subject to the implementation of these modifications. The decision underscored the importance of ensuring that enterprise agreements not only reflect the bargaining positions of the parties but also adhere to the statutory framework designed to protect the rights and interests of employees.

Betfair Pty Ltd T/A Betfair

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established