Cranbourne Pakenham Racing Club T/A Southside Racing

[2025] FWCA 3428

[2025] FWCA 3428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cranbourne Pakenham Racing Club T/A Southside Racing

(AG2025/3419)

SOUTHSIDE RACING CRANBOURNE AND AUSTRALIAN WORKERS' UNION COLLECTIVE AGREEMENT 2025 - 2027

Racing industry
COMMISSIONER REDFORD	MELBOURNE, 16 OCTOBER 2025

Application for approval of the Southside Racing Cranbourne & Australian Workers’ Union Collective Agreement 2025-2027

1. An application has been made for approval of an enterprise agreement known as the Southside Racing Cranbourne & Australian Workers’ Union Collective Agreement 2025-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranbourne Pakenham Racing Club T/A Southside Racing (Southside). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed to employees on appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act. 

Casual employees

1. I queried with Southside whether the casual employees said to have participated in the vote on the Agreement were eligible to vote, taking into account decisions of the Commission such as Appeal by Kmart Australia Limited & Ors[1]. The further information provided by CPR satisfied me that the employees who participated in the vote were eligible to do so, and the vote was one in which the agreement was genuinely agreed to.

Undertakings

1. In response to several issues raised with Southside in relation to its application, it has provided further submissions and also written undertakings. A copy of the undertakings are 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. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:  

• Clause 9.7 - Tractor Plant Allowance

Consideration

1. On the basis of the further submissions made by Southside in support of the approval of the Agreement, and 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.

1. The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Variation of the Agreement

1. It was sought that if the agreement was approved, it be varied to correct errors.

1. One of the variations sought was to correct an error in the title of the Agreement, which in turn also required leave to amend the application.

1. I granted leave to CPR to amend the application pursuant to s 586 of the Act to correct the reference made to the title of the Agreement.

1. To vary the Agreement, it is necessary to exercise the power in s 218A of the Act to correct two obvious errors, defects or irregularities.

1. Section 218A of the Act is akin to the slip rule found in s 602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

1. The Applicant submits that the variation seeks to address errors obviously arising from the formatting of the Agreement. The views of the bargaining representatives were sought; however, no response was received. I am satisfied that these are obvious errors. I am satisfied that the variation should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act.

1. The two variations are as follows:

1. To correct the title of the Agreement to read Southside Racing Cranbourne & Australian Workers’ Union Collective Agreement 2025-2027

2. To amend the reference in clause 19.4 of the Agreement to “Personal Leve” to “Personal Leave”.

COMMISSIONER

ANNEXURE A

[1] [2019] FWCFB 7599

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