DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Racing Club Incorporated T/A Thoroughbred Park
(AG2017/222)

CANBERRA RACING CLUB INCORPORATED - CASUAL BARRIER ATTENDANTS WORKPLACE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2017 (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 T/A Thoroughbred Park. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Canberra Racing Club Incorporated, trading as Thoroughbred Park, and the employees represented by the Horsemen's Union. The dispute centred on the application for the approval of the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2017. The matter was heard by Commissioner D'Oro in the Fair Work Commission. The fundamental legal issue before the court was whether the workplace agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

The court examined the provisions of the agreement, focusing on whether it adequately addressed the rights and obligations of the parties, including issues such as wages, hours of work, and other employment conditions. The Commission considered submissions from both the employer and the union, along with evidence presented regarding the bargaining process and the content of the agreement. After thorough analysis, the court found that the agreement contained terms and conditions that were fair and reasonable, and it was made in good faith. The agreement was thus approved under the Fair Work Act.

In reaching its decision, the court placed significant weight on the evidence of the bargaining process and the content of the agreement. The court noted that the agreement included provisions for minimum wage rates, penalties for breaches, and other terms that were considered fair and reasonable. The Commission also found that the agreement was the result of genuine negotiations between the parties, without any evidence of coercion or unfairness. Consequently, the court approved the Canberra Racing Club Incorporated - Casual Barrier Attendants Workplace Agreement 2017, ensuring its enforceability under the Fair Work Act.

Canberra Racing Club Incorporated T/A Thoroughbred Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established