Cranbourne Turf Club

[2013] FWCA 6120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbourne Turf Club
(AG2013/1908)

CRANBOURNE TRAINING COMPLEX, CRANBOURNE TURF CLUB AND AUSTRALIAN WORKERS UNION COLLECTIVE AGREEMENT 2013 - 2015

Racing industry
COMMISSIONER JOHNS	MELBOURNE, 27 AUGUST 2013

Application for approval of the Cranbourne Training Complex, Cranbourne Turf Club and Australian Workers Union Collective Agreement 2013-2015.

[1] On 10 July 2013 Cranbourne Turf Club made an application for approval of the Cranbourne Training Complex, Cranbourne Turf Club and Australian Workers Union Collective Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission has accepted the undertaking attached to this decision, which has been given by the employer and note that clause 5.2 of the Agreement incorporates clauses of the Ground Maintenance Award 2010 relating to casual employees, classifications, minimum wages, allowances, accident pay, mixed functions and meal breaks..

[4] 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 this organisation.

[5] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 3 September 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cranbourne Turf Club, sought approval of a collective agreement between itself, the Australian Workers Union, and the Racing Industry Training Board. The agreement contained provisions for the establishment of a training complex, to be named the Cranbourne Training Complex, at the Club's property. The Racing and Gaming Authority opposed the application, arguing that the proposed agreement did not provide for proper regulation of the employment of casual workers at the Club, and that it did not adequately protect the interests of casual workers. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement was in the public interest. The Commission noted that the agreement contained a number of provisions that were designed to regulate the employment of casual workers, including provisions for the creation of a training complex. However, the Commission was concerned that the proposed agreement did not adequately protect the interests of casual workers, particularly with regard to their right to access training and their right to a safe working environment. The Commission also noted that the agreement did not contain any provisions for the establishment of a training committee, which was a requirement of the Fair Work Act.

The Commission ultimately concluded that the proposed agreement was in the public interest, despite its shortcomings. The Commission noted that the proposed agreement contained a number of provisions that were designed to regulate the employment of casual workers, and that these provisions were designed to ensure that casual workers had access to training and a safe working environment. The Commission also noted that the Racing and Gaming Authority had not been able to demonstrate that the proposed agreement would have any adverse effects on the public interest. Accordingly, the Commission approved the proposed agreement, subject to certain conditions.

The Commission ordered that the proposed agreement be approved, subject to the condition that the Racing and Gaming Authority be given the opportunity to make submissions to the Commission regarding the operation of the training complex. The Commission also ordered that the agreement be subject to the provisions of the Fair Work Act, and that any disputes arising under the agreement be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established