Cranbourne Turf Club Summary

[2013] FWCA 8522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbourne Turf Club
(AG2013/9798)

CRANBOURNE TURF CLUB (CASUAL EVENT STAFF) AGREEMENT 2013

Racing industry
COMMISSIONER CRIBB	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Cranbourne Turf Club (Casual Event Staff) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cranbourne Turf Club (Casual Event Staff) Agreement 2013 (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 Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 16 October 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Media, Entertainment and Arts Alliance (MEAA), 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement was approved in Chambers on 29 October 2013 and, in accordance with s.54 of the Act, will operate from 5 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

1 Reg 2.09 and Sch 2.3 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cranbourne Turf Club Pty Ltd applied for approval of the Cranbourne Turf Club (Casual Event Staff) Agreement 2013. The application was opposed by the Australian Workers' Union. The agreement in question sought to establish the terms and conditions of employment for casual event staff employed by the club. The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for minimum terms and conditions of employment as required by law.

The Commission examined the agreement to ensure it met the requirements under the Fair Work Act. It was necessary to determine whether the agreement provided for all the minimum terms and conditions as set out in the relevant award and whether it allowed for appropriate flexibility for casual employment while ensuring fairness to the employees. The Commission also considered the process by which the agreement was negotiated and the extent to which the employees' interests were represented during this process. After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement was fair and reasonable and met the statutory requirements.

The Fair Work Commission approved the Cranbourne Turf Club (Casual Event Staff) Agreement 2013. The decision noted that the agreement provided for all necessary minimum terms and conditions and allowed for the flexibility inherent in casual employment while protecting the interests of the casual staff. The Commission was satisfied that the agreement was the product of genuine bargaining and was in the best interests of the employees. As a result, the application for approval was successful.

Cranbourne Turf Club

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established