Cranbourne Turf Club

[2020] FWCA 818

[2020] FWCA 818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbourne Turf Club
(AG2019/5172)

CRANBOURNE TRAINING COMPLEX, CRANBOURNE TURF CLUB AND AUSTRALIAN WORKERS UNION COLLECTIVE AGREEMENT 2019-2021

Racing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Cranbourne Training Complex, Cranbourne Turf Club and Australian Workers Union Collective Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Cranbourne Training Complex, Cranbourne Turf Club and Australian Workers Union Collective Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranbourne Turf Club. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Notice of Representational Rights (Notice) provided with the Application appears to be in the old format and provides content not otherwise required by section 174 of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The Australian Workers’ Union 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Annexure A

 1   2019 FWCFB 318

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