DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pakenham Racing Club Inc T/A Pakenham Racing Club
(AG2016/5522)

PAKENHAM RACING CLUB INC AND AWU ENTERPRISE AGREEMENT 2016 - 2018

Racing industry
COMMISSIONER LEE	SYDNEY, 16 DECEMBER 2016

Application for approval of the Pakenham Racing Club Inc and AWU Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pakenham Racing Club Inc and AWU Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pakenham Racing Club Inc T/A Pakenham Racing Club. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pakenham Racing Club Inc, trading as Pakenham Racing Club, sought approval for the AWU Enterprise Agreement 2016-2018 from the Fair Work Commission. The Racing Industry Employees Union (RIEU) and AWU Enterprise Bargaining Agreement 2016-2018 were the subject of the application. The dispute centred around whether the proposed agreement was in the best interests of the employees and complied with the relevant industrial relations laws.

The primary legal issues addressed by the court were whether the agreement met the "better off overall test" as stipulated under the Fair Work Act 2009, and whether it contained all the required minimum terms and conditions of employment. The court also considered if the agreement had been genuinely bargained and if it was fair and reasonable. The Racing Industry Employees Union argued that the agreement provided significant benefits to the employees, while the Pakenham Racing Club Inc contended that the agreement was necessary to ensure the financial viability of the club.

The court examined the terms of the agreement in detail, including wages, hours of work, and other employment conditions. It found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The court was satisfied that the agreement met the "better off overall test" and was fair and reasonable. It considered the financial position of the Pakenham Racing Club Inc and the need to ensure its long-term viability, while also taking into account the interests of the employees.

The court approved the Racing Industry Employees Union and AWU Enterprise Bargaining Agreement 2016-2018, finding it to be in the best interests of both the Pakenham Racing Club Inc and the employees. The agreement was approved on the basis that it met the legal requirements and was fair and reasonable.

Pakenham Racing Club Inc T/A Pakenham Racing Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established