DECISION

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

Gosford Race Club Limited T/A Gosford Race Club
(AG2015/3832)

GOSFORD RACE CLUB ENTERPRISE AGREEMENT 2015

Racing industry
COMMISSIONER SIMPSON	BRISBANE, 17 JULY 2015

Application for approval of the Gosford Race Club Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gosford Race Club Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gosford Race Club. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union Newcastle, Central Coast & Northern Regions Branch being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gosford Race Club Limited trading as Gosford Race Club, applied to the Fair Work Commission for approval of the Gosford Race Club Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, and the matter was heard by the Commission's delegate, Senior Commissioner McMahon. The primary issue before the court was whether the proposed agreement met the legal requirements for registration under the Fair Work Act, including compliance with the relevant provisions and fairness of the terms.

The court considered the submissions of the parties and the relevant legal framework. Senior Commissioner McMahon examined the application to ensure that the agreement did not contain any terms that would adversely affect the employees’ general entitlements or that would undermine the operation of the Act. The court also assessed whether the agreement had been made in accordance with the prescribed process and whether it contained the mandatory terms specified in the Fair Work Act. Ultimately, the court determined that the agreement complied with the statutory requirements and was fair and reasonable.

In light of the findings, Senior Commissioner McMahon approved the Gosford Race Club Enterprise Agreement 2015. The court's decision was based on the conclusion that the agreement met all necessary legal criteria and did not contain any objectionable terms. The approval of the agreement ensures that it will be binding on the parties and enforceable under the Fair Work Act.

Gosford Race Club Limited T/A Gosford Race Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established