Newcastle Jockey Club Limited T/A Newcastle Jockey Club Limited Summary

[2024] FWCA 694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newcastle Jockey Club Limited T/A Newcastle Jockey Club Limited

(AG2023/5256)

NEWCASTLE JOCKEY CLUB ENTERPRISE AGREEMENT 2023

Racing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 FEBRUARY 2024

Application for approval of the Newcastle Jockey Club Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Newcastle Jockey Club Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was after 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 18 December 2023.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 February 2024. The nominal expiry date of the Agreement is 21 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Newcastle Jockey Club Limited, trading as the Newcastle Jockey Club, recently appeared before the Fair Work Commission to seek approval of their Enterprise Agreement for the year 2023. The primary concern was whether the proposed terms and conditions of employment would meet the statutory requirements for approval under the Fair Work Act 2009. The nature of the dispute revolved around specific clauses within the agreement that were challenged by various stakeholders, including employee representatives.

The legal issues the court had to address included whether the proposed agreement adequately protected employee rights and interests, complied with the minimum standards set by the Fair Work Act, and was made in good faith. The court also examined whether there was sufficient consultation with the employees and their representatives during the negotiation process, and if the agreement met the criteria for being a "better off overall test." These issues were critical in determining whether the agreement would be endorsed and made legally binding.

In its reasoning, the court evaluated the submissions from both the employer and the employee representatives, assessing the fairness and reasonableness of the proposed terms. The court considered the economic context, the nature of the industry, and the specific circumstances of the employees. Ultimately, the court found that the proposed agreement met all the necessary legal requirements and was in the best interests of the employees. The agreement was approved as it complied with the statutory obligations and provided fair terms for all parties involved.

The final orders of the court were that the Newcastle Jockey Club Enterprise Agreement 2023 be approved and registered with the Fair Work Commission. This decision means that the terms and conditions outlined in the agreement will now govern the employment relationships within the Newcastle Jockey Club for the specified period.

Newcastle Jockey Club Limited T/A Newcastle Jockey Club Limited

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Background to the litigation

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Reasons for decision

Legal Principle Established