Canberra Racing Club Incorporated T/A Thoroughbred Park

[2020] FWCA 6010

[2020] FWCA 6010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Canberra Racing Club Incorporated T/A Thoroughbred Park
(AG2020/2901)

CANBERRA RACING CLUB INCORPORATED - CASUAL BARRIER ATTENDANTS WORKPLACE AGREEMENT 2017

Racing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 NOVEMBER 2020

Application for variation of the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2017.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Canberra Racing Club Incorporated – Casual Barrier Attendants Workplace Agreement 2017 (Agreement). The application has been made by Canberra Racing Club Incorporated and is made pursuant to s.210 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] Pursuant to s.210 of the Act, the Canberra Racing Club Incorporated – Casual Barrier Attendants Workplace Agreement 2017, is varied as follows:

Addition of clause 11 ‘COVID-19 REGULATIONS’ as follows:

Each of the employees is directed and required to comply with all COVID-19 government regulations and Club protocols currently in place. A copy of the Canberra Racing Club COVID-19 Protocols is available on request to Mr Garry Buchanan – W.H&S Officer. Email [email protected].

Employees acknowledge that they will comply with the terms of the policies and that failure to do so may result in disciplinary action.

Addition of clause 16(b) as follows:

(b) on the day scheduled but before the normal (rostered) starting time, the employees will not be entitled to any payment. If an attendant is granted a travel allowance and is already on route to Thoroughbred Park at the time of the cancellation, that attendant will be entitled to the appropriate travel allowance to be paid in full.

Addition of the following paragraph at the conclusion of clause 26:

All club wear and personal protective equipment (safety glasses, face masks, gloves) will be checked by club staff prior to each race meeting to ensure equipment is in satisfactory condition. If club wear/ equipment is deemed not in satisfactory condition it will be replaced. If an attendant requires replacement club wear they are to make a request via the barrier attendant supervisor to the Racecourse and Facilities Manager for approval.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 10 November 2020.

DEPUTY PRESIDENT

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