DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Jockey Club Ltd
(AG2021/5213)

NEWCASTLE JOCKEY CLUB ENTERPRISE AGREEMENT 2021

Racing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JUNE 2021

Application for approval of the Newcastle Jockey Club Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Jockey Club Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 June 2021. The nominal expiry date of the Agreement is 21 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Newcastle Jockey Club Ltd applied to the Fair Work Commission for approval of the Newcastle Jockey Club Enterprise Agreement 2021. The Fair Work Commission, in this case represented by Commissioner Scott, was tasked with determining whether the agreement met the necessary legal standards for approval. The crux of the legal issues revolved around whether the agreement complied with the relevant sections of the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive fairness of the agreement.

Commissioner Scott meticulously examined the procedural fairness of the agreement's creation, ensuring that the proper consultation processes were followed and that all necessary parties were afforded an opportunity to be heard. The analysis extended to the substantive fairness of the agreement's provisions, assessing whether the terms were equitable and reasonable in all aspects. The Commissioner found that the agreement had been developed through appropriate consultation and that its terms were fair and reasonable, taking into account the commercial realities and the needs of all parties involved.

Consequently, the Fair Work Commission approved the Newcastle Jockey Club Enterprise Agreement 2021. This decision was based on the determination that the agreement met all legal requirements for procedural and substantive fairness, as outlined in the Fair Work Act 2009. The approval of the agreement was a significant step in formalising the terms of employment for the workers involved, ensuring that the interests of both the employer and the employees were appropriately balanced.

Newcastle Jockey 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