Gold Coast Turf Club Ltd

[2019] FWCA 6849

[2019] FWCA 6849

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gold Coast Turf Club Ltd

(AG2019/3192)

Gold Coast Turf Club Ltd Racecourse Enterprise Agreement 2019

Racing industry
Commissioner Booth	BRISBANE, 4 OCTOBER 2019

Application for approval of the Gold Coast Turf Club Ltd Racecourse Enterprise Agreement 2019.

1. An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Gold Coast Turf Club Ltd (the Applicant) for approval of the Gold Coast Turf Club Ltd Racecourse Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

1. Correspondence was sent to the Applicant and the bargaining representatives on 19 September 2019, raising a number of concerns in relation to the Agreement.

1. The Applicant provided submissions addressing the concerns raised, on 23 September 2019. Further to such, the Applicant provided undertakings addressing the concerns raised, on 2 October 2019.

1. The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 2.1(g) – abandonment of employment;

·   Clause 5.6 – not rostered to work – public holiday; and

·   Clause 5.9 – compassionate leave.

1. However, noting the NES precedence clause inserted at point 2 of the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. It is also noted that the flexibility term at clause 1.2 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Subject to the undertakings provided and the matters raised at paragraphs [5]-[7], I am 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.

1. The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 October 2023.

COMMISSIONER

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Attachment A