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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Cranbourne Turf Club, the Australian Workers Union, and the Racing Industry Employees' Fund. The dispute was over the approval of a collective agreement between the club and the union, specifically the Cranbourne Training Complex, Cranbourne Turf Club and Australian Workers Union Collective Agreement 2019-2021. The case was heard in the Fair Work Commission.

The primary legal issues the court needed to decide were whether the collective agreement was in the public interest and whether it was fair and reasonable. The Racing Industry Employees' Fund had raised concerns about the agreement, specifically regarding the financial implications for the club and the potential impact on the industry. The court had to consider these concerns and determine whether the agreement should be approved.

The court found that the agreement was in the public interest and was fair and reasonable. The court considered the economic benefits of the agreement, such as the potential for job creation and the positive impact on the industry. The court also found that the agreement did not have any significant negative impacts on the industry or the club. The court concluded that the agreement should be approved, as it was in the best interests of all parties involved.

The court ordered that the collective agreement be approved, subject to certain conditions. These conditions included the implementation of a monitoring and reporting mechanism to ensure that the agreement was being followed and that its benefits were being realised. The court also ordered that the agreement be reviewed in two years to ensure that it continued to be in the public interest.

Cranbourne Turf Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established