DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gold Coast Turf Club Ltd
(AG2017/5923)

GOLD COAST TURF CLUB LTD BARRIER ATTENDANTS ENTERPRISE AGREEMENT 2017

Racing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 MARCH 2018

Application for approval of the Gold Coast Turf Club Ltd Barrier Attendants Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gold Coast Turf Club Ltd Barrier Attendants Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gold Coast Turf Club Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 30 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Gold Coast Turf Club Limited, a body corporate incorporated in Queensland, applied to the Fair Work Commission for approval of the Gold Coast Turf Club Ltd Barrier Attendants Enterprise Agreement 2017. The dispute involved the conditions of employment for barrier attendants, including their classification, remuneration, and the process for resolving disputes. The Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the need for genuine agreement and consideration of the public interest. The Commission had to assess whether the process leading to the agreement was free from coercion, duress, or any other form of unfair labour practice. Additionally, the Commission examined whether the terms of the agreement were fair and reasonable in the context of the public interest and the bargaining power of the parties involved.

In its decision, the Commission found that the application met the necessary criteria for approval. The evidence demonstrated that the agreement was genuinely negotiated and that there were no unfair labour practices in the bargaining process. The terms of the agreement were considered fair and reasonable, taking into account the public interest and the relative bargaining power of the parties. The Commission approved the application, acknowledging the importance of the barrier attendants' role in ensuring the safety and integrity of racing events.

The final orders of the Commission were that the Gold Coast Turf Club Ltd Barrier Attendants Enterprise Agreement 2017 be approved and registered. This approval ensures that the terms of the agreement will apply to the employment of barrier attendants under the relevant industrial instruments.

Gold Coast Turf Club Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established