DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Racing Club Limited
(AG2016/1093)

BRISBANE RACING CLUB LIMITED ENTERPRISE AGREEMENT 2015

Racing industry
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Brisbane Racing Club Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Racing Club Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Racing 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 Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Brisbane Racing Club Limited sought approval for its Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009, as it required the Commission's approval due to its classification as a 'single-employer agreement'. The dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. This involved scrutinising the agreement to ensure it provided for fair and reasonable terms and conditions, including provisions relating to pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also needed to determine if the agreement appropriately balanced the interests of employees and employers, ensuring it did not undermine the rights or protections afforded by the Fair Work Act.

After reviewing the proposed agreement, the Commission found that it met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions that addressed the parties' interests. The Commission noted that the agreement included appropriate mechanisms for resolving disputes and provided adequate protections for employees. Consequently, the Commission approved the Enterprise Agreement 2015, enabling it to be registered and enforceable under the Fair Work Act.

The Commission's final order was that the Enterprise Agreement 2015 of Brisbane Racing Club Limited be approved and registered, effective from the date of the decision. This allowed the agreement to operate as a legally binding contract between the club and its employees, providing a framework for their employment terms and conditions.

Brisbane Racing 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