Cranbourne Turf Club Inc. T/A Cranbourne Turf Club

[2022] FWCA 3928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cranbourne Turf Club Inc. T/A Cranbourne Turf Club

(AG2022/4350)

Cranbourne Training Complex, Cranbourne Turf Club and Australian Worker's Union Collective Agreement 2022-2024

Racing industry
COMMISSIONER YILMAZ	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the Cranbourne Training Complex, Cranbourne Turf Club and Australian Worker's Union Collective Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Cranbourne Training Complex, Cranbourne Turf Club and Australian Worker’s Union Collective Agreement 2022-2024 (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 Inc. T/A Cranbourne Turf Club. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 16 November 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cranbourne Turf Club Inc. trading as Cranbourne Turf Club, sought approval from the Fair Work Commission for a proposed collective agreement between the club and the Australian Workers' Union. This agreement was intended to govern the terms and conditions of employment for certain workers at the Cranbourne Training Complex. The application was necessary as the agreement fell outside the scope of the existing Australian Building and Construction Commission (ABCC) codes, necessitating Commission approval.

The primary legal issue before the Commission was whether the proposed agreement was consistent with the public interest and the provisions of the Fair Work Act. The Commission needed to consider if the agreement provided fair and reasonable terms for the employees and if it adhered to the broader principles of industrial relations law. Additionally, the Commission examined whether the agreement would promote harmonious industrial relations and avoid unnecessary industrial disputes.

The Commission found that the proposed agreement was fair and reasonable, providing appropriate protections for the workers while balancing the needs of the employer. The Commission concluded that the agreement was consistent with the public interest and did not contravene any relevant provisions of the Fair Work Act. It was noted that the agreement contained provisions for dispute resolution and the protection of workers' rights, which aligned with the objectives of the Act. Consequently, the Commission approved the agreement, subject to certain conditions designed to ensure its ongoing fairness and compliance with industrial relations laws.

As a result of the Commission's decision, the Cranbourne Turf Club and the Australian Workers' Union are now bound by the terms of the approved agreement for the period 2022-2024. The Commission's approval ensures that the agreement will be legally enforceable and that any disputes arising under it can be resolved within the framework established by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established