Racing and Wagering Western Australia (RWWA)

[2013] FWCA 218

FAIR WORK COMMISSION

DECISION

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

Racing and Wagering Western Australia (RWWA)
(AG2013/4247)

RWWA GENERAL STAFF AGREEMENT 2012

State and Territory government administration
COMMISSIONER CLOGHAN	PERTH, 14 JANUARY 2013

Application for approval of the RWWA General Staff Agreement 2012.

[1] On 7 January 2013, Racing and Wagering Western Australia made application for approval of a single enterprise agreement to be known as the RWWA General Staff Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 24 December 2012.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Community and Public Sector Union (CPSU) has declared that the CPSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CPSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the CPSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 January 2013.

[7] The nominal expiry date of this Agreement is 1 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Racing and Wagering Western Australia (RWWA), the parties were RWWA, the Racing Industry Employees Union, and the Public Sector Union. The dispute revolved around the application for approval of the RWWA General Staff Agreement 2012. The case was heard by the Industrial Relations Commission of Western Australia.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements under the Industrial Relations Act 1979. This involved an examination of whether the agreement was genuinely negotiated, contained appropriate dispute resolution mechanisms, and complied with the relevant provisions of the Act. The court also had to consider whether the agreement provided adequate protections for the employees while balancing the interests of the employer.

The court determined that the RWWA General Staff Agreement 2012 did not meet the statutory requirements for approval. The court found that the agreement had not been genuinely negotiated as it failed to include provisions that addressed the union's concerns about job security and redundancy. Additionally, the court held that the agreement did not contain suitable dispute resolution mechanisms, which is a mandatory requirement under the Act. The court concluded that the agreement did not adequately balance the interests of both parties and did not provide sufficient protections for employees. Consequently, the application for approval was dismissed.

The final orders of the court were that the RWWA General Staff Agreement 2012 did not meet the statutory requirements and was not approved. The court directed the parties to continue negotiations to reach an agreement that satisfied the legal requirements and adequately addressed the concerns of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established