DECISION

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

Greyhound Racing SA Limited
(AG2015/1341)

GREYHOUND RACING SA LTD CLERICAL AND ADMINISTRATIVE EMPLOYEE ENTERPRISE AGREEMENT 2015

Sporting organisations
COMMISSIONER HAMPTON	ADELAIDE, 9 JUNE 2015

Application for approval of the Greyhound Racing SA Ltd Clerical and Administrative Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greyhound Racing SA Ltd Clerical and Administrative Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Greyhound Racing SA Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I note the clause 20.2 of the Agreement has the effect that the annual salary paid to employees cannot be less than each would have received under the terms of the applicable award. This is important given the terms of the Agreement, including the hours of work provisions and the 20 per cent casual loading.

[3] I also note that s.206 of the Act provides, in effect, that the base rate of pay payable to employees under the Agreement must not be less than the base rate of pay that would otherwise be payable to the employees under the relevant modern award.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2015. The nominal expiry date of the Agreement is 15 June 2019.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Greyhound Racing SA Limited, a company involved in greyhound racing, and the applicants, who were employees seeking approval of their enterprise agreement. The applicants sought the Commission's approval of the proposed enterprise agreement which detailed terms and conditions of employment for clerical and administrative employees. The dispute centred on the terms of this proposed agreement, which was set to replace an existing one. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the various statutory criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "simple" agreement and if it complied with the requirements for a simple agreement under the Act. Additionally, the Commission had to assess if the agreement contained terms that were in breach of the Fair Work Act or any relevant industrial instrument. The applicants argued that the agreement was fair and reasonable, while Greyhound Racing SA Limited raised concerns about certain provisions.

The Commission found that the proposed agreement was a simple agreement and was compliant with the statutory requirements. It noted that the agreement was clear and concise and contained all necessary information. The Commission also concluded that the agreement did not contain any terms that were in breach of the Fair Work Act or any relevant industrial instrument. The Commission approved the agreement, finding it to be fair and reasonable for the employees it covered.

The Fair Work Commission approved the Greyhound Racing SA Ltd Clerical and Administrative Employee Enterprise Agreement 2015. The Commission found that the agreement met the statutory requirements for a simple agreement and contained no terms that breached the Fair Work Act or relevant industrial instruments. The agreement was approved as of the date of the decision.

Greyhound Racing SA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established