Canberra Racing Club

Case

[2013] FWCA 2427

19 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Canberra Racing Club
(AG2013/5932)

CANBERRA RACING CLUB INCORPORATED - CASUAL BARRIER ATTENDANTS WORKPLACE AGREEMENT 2013

Racing industry

COMMISSIONER CAMBRIDGE

SYDNEY, 19 APRIL 2013

Application for approval of the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Racing Club Incorporated (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 April 2013. The application included a Statutory Declaration of Peter Stubbs made on behalf of the Employer and dated 5 April 2013, (the Declaration). The Declaration stated that the Agreement was made on 5 April 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 19 April 2013. I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 26 April 2013. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 June 2016.

COMMISSIONER

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