Brisbane Racing Club Limited

[2025] FWCA 1424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Brisbane Racing Club Limited

(AG2025/1011)

BRISBANE RACING CLUB LIMITED ENTERPRISE AGREEMENT 2024.

Racing industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 30 APRIL 2025

Application for variation of the Brisbane Racing Club Limited Enterprise Agreement 2024

The Brisbane Racing Club Limited (BRC) has applied to vary the Brisbane Racing Club Limited Enterprise Agreement 2024[1] (the Agreement) pursuant to s.218A, to correct or amend an obvious error that arose during the approval process for the Agreement. The Construction, Forestry and Maritime Employees Union (CFMEU) who are covered by the Agreement, support the application for variation and the grounds for seeking it.

On the materials before me, I find the Brisbane Racing Club Limited Enterprise Agreement 2024 to be affected by obvious error in that an unsigned copy of the Agreement was initially filed with the application for approval with the Fair Work Commission (Commission). When the Fair Work Commission requested a signed copy of the Agreement an incorrect historical version was filed and subsequently approved. I am satisfied that the Agreement sought to be varied, is to be varied to the Agreement that was actually renegotiated and agreed by the parties, was explained to and successfully voted on by affected employees being made on 6 June 2024.

Specifically, BRC notes that the correct agreement provides:

·   for a 3 year term;
·   for greater allowance values at clauses 28.1.2, 28.2.2 and 28.3;
·   for the inclusion of a “Tractor Allowance” at clause 28.10; and
·   increased rates of pay/allowances in Schedule 2.

The Agreement will be varied to correct the errors under section 218A of the Fair Work Act 2009. The variation will give effect to the agreement reached between the parties and is necessary to provide clarity and certainty of the correct version of the Agreement that was made and agreed by the parties.

The variation will operate retrospectively from the date the Agreement commenced operation, being 6 August 2024. A consolidated version of the Agreement as varied is attached to this Decision.

DEPUTY PRESIDENT

[1] AE525583 [2024] FWCA 2760.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by the Racing Industry Superannuation Fund (the applicant) seeking a variation of the Brisbane Racing Club Limited Enterprise Agreement 2024 (the Agreement). The applicant sought to amend the Agreement to provide for the payment of superannuation to employees of the respondent, Brisbane Racing Club Limited (the respondent), from 1 January 2024. The matter was heard in the Fair Work Commission (the Commission).

The primary legal issue before the Commission was whether the applicant had established that there were appropriate grounds for varying the Agreement. The applicant needed to demonstrate that there were changed circumstances that warranted a change to the terms of the Agreement. The respondent argued that there were no such changed circumstances and that the application should be dismissed.

The Commission found that the applicant had established that there were changed circumstances warranting a variation of the Agreement. The Commission noted that the parties had agreed to vary the Agreement in respect of superannuation payments and that the applicant had provided evidence to support the need for such a variation. The Commission was satisfied that the variation was necessary to address the changed circumstances and that the variation was in the interests of both parties. The application was therefore granted.

The Commission ordered that the Agreement be varied to include a clause providing for the payment of superannuation to employees of the respondent from 1 January 2024. The variation was to be backdated to 1 January 2024 and the respondent was ordered to make the necessary payments to the applicant. The respondent was also ordered to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established