DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Racing Club T/A Brisbane Racing Club
(AG2018/6433)

BRISBANE RACING CLUB LIMITED ENTERPRISE AGREEMENT 2018

Racing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 APRIL 2019

Application for approval of the Brisbane Racing Club Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Racing Club Limited Enterprise Agreement 2018 (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 T/A Brisbane Racing Club. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 1 September 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Brisbane Racing Club, trading as the Brisbane Racing Club, brought an application before the Fair Work Commission for the approval of the Brisbane Racing Club Limited Enterprise Agreement 2018. The agreement aimed to establish the terms and conditions of employment for certain employees of the club. The dispute centred on whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly concerning the provisions for pay equity and the protection of employees' rights.

The primary legal issue before the Commission was whether the enterprise agreement adequately addressed the pay equity provisions as mandated by section 235 of the Fair Work Act. The Commission had to determine if the agreement provided for the payment of equal remuneration for work of equal or comparable value, regardless of the gender of the employee. Additionally, the Commission needed to ensure that the agreement did not adversely affect the employees' rights to access the safety net provided by the National Employment Standards and the provisions of the Fair Work Act.

The Commission examined the provisions of the enterprise agreement against the legislative requirements. It found that the agreement did not adequately address pay equity as required by section 235 of the Fair Work Act. Specifically, the agreement failed to include a mechanism to ensure that employees received equal pay for work of equal or comparable value. The Commission noted that the absence of such provisions rendered the agreement non-compliant with the legislative mandate. Consequently, the Commission refused to approve the enterprise agreement.

As a result of the Commission's findings, the application for the approval of the Brisbane Racing Club Limited Enterprise Agreement 2018 was dismissed. The club was directed to revise the agreement to include provisions that meet the requirements for pay equity and to resubmit it for approval. The Commission's decision underscored the importance of adhering to the legislative framework when drafting enterprise agreements to ensure compliance with the Fair Work Act.

Brisbane Racing Club T/A Brisbane Racing Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established