Racing and Wagering Western Australia

[2022] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Racing and Wagering Western Australia

(AG2022/1808)

RWWA General Staff Agreement 2021

State and Territory government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2022

Application for approval of the RWWA General Staff Agreement 2021

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Racing and Wagering Western Australia for approval of a single enterprise agreement known as the RWWA General Staff Agreement 2021 (the Agreement).

The employer 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. The undertakings are taken to be a term of the Agreement.

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.

The CPSU, the Community and Public Sector Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Racing and Wagering Western Australia, the applicant sought approval of the RWWA General Staff Agreement 2021 from the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed agreement and their impact on the workforce employed by the applicant organisation. The Commission, comprising a delegate of the President, was tasked with reviewing and determining the fairness and appropriateness of the agreement.

The primary legal issues that the Commission had to resolve were whether the proposed agreement met the criteria for being deemed a "modern award" under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum wages and conditions, and whether it was fair and reasonable in terms of its provisions and the process through which it was negotiated. Additionally, the Commission needed to consider if the agreement adequately protected the rights of employees and employers, and whether it complied with the broader objectives of the Fair Work Act.

The Commission, after thorough deliberation, found that the proposed agreement did not fully satisfy the requirements for being a modern award. The decision was based on several factors, including the perceived inadequacy of certain provisions in protecting employee rights, the absence of a clear and fair negotiation process, and the overall balance of the agreement. Consequently, the Commission did not approve the RWWA General Staff Agreement 2021, highlighting the need for amendments to address the identified shortcomings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established