Gold Coast Turf Club Ltd T/A Gold Coast Turf Club

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[2024] FWCA 4275

DECISION
Fair Work Act 2009
s.185—Enterprise agreement
Gold Coast Turf Club Ltd T/A Gold Coast Turf Club
(AG2024/4192)
GOLD COAST TURF CLUB LTD RACECOURSE ENTERPRISE
AGREEMENT 2024
Racing industry

COMMISSIONER HUNT BRISBANE, 3 DECEMBER 2024
Application for approval of the Gold Coast Turf Club Ltd Racecourse Enterprise Agreement
2024
[1] Gold Coast Turf Club Ltd T/A Gold Coast Turf Club (the Employer) has applied for approval of an enterprise agreement known as the Gold Coast Turf Club Ltd Racecourse Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 March 2024 and the Agreement was made on 23 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought
the views of the Australian Workers’ Union (AWU) and employee bargaining representatives
regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU advised that it did not have any concerns with the undertakings. No other views were received.
[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188

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[2024] FWCA 4275
and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[6] The AWU, being a bargaining representative for the Agreement, has given notice under

s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the
Agreement covers the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 10 December 2027.
COMMISSIONER
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<AE527040 PR781981>

CaseChat Overview and Summary

In the matter of Gold Coast Turf Club Ltd T/A Gold Coast Turf Club, the Fair Work Commission was tasked with reviewing and approving an enterprise agreement for the racecourse. The application for approval was made under section 185 of the Fair Work Act 2009. The Agreement in question, the Gold Coast Turf Club Ltd Racecourse Enterprise Agreement 2024, is a single-enterprise agreement affecting the racing industry.

The legal issues before the court included whether the Agreement met the genuine agreement requirements and the better off overall test, both of which were governed by changes to the Act introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. The court had to assess whether the Agreement was made genuinely and whether it would result in employees being better off overall. Additionally, the court needed to consider written undertakings provided by the Employer in response to concerns raised by the Commission, ensuring that these undertakings did not result in financial detriment to employees or substantial changes to the Agreement.

The court examined the material filed in the Commission and found that, subject to the written undertakings, the Agreement met the requirements of sections 186, 187, 188 and 190 of the Act. The court was satisfied that the group of employees covered by the Agreement was fairly chosen, and that the Agreement did not cover all employees of the Employer, which was acceptable under sections 186(3) and (3A) of the Act. The Australian Workers’ Union, a bargaining representative for the Agreement, had also given notice under section 183 that it wanted the Agreement to cover it, and the court noted that the Agreement does cover the AWU in accordance with section 201(2) of the Act.

The Agreement was approved and will operate from 10 December 2024, with a nominal expiry date of 10 December 2027. The court's decision ensures that the Agreement complies with all relevant legislative requirements and will benefit the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established