DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing and Wagering Western Australia (RWWA)
(AG2016/266)

RWWA GENERAL STAFF AGREEMENT 2015

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 18 MARCH 2016

Application for approval of the RWWA General Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RWWA General Staff Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Racing and Wagering Western Australia (RWWA). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The CPSU, the Community and Public Sector 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.

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Racing and Wagering Western Australia (RWWA) applied to the Fair Work Commission for approval of the RWWA General Staff Agreement 2015. RWWA submitted that the agreement would allow for a more flexible workforce and address concerns about job security and rostering practices. The Australian Council of Trade Unions opposed the application, arguing it would lead to significant detriment for employees, including reduced pay and job security. The matter was heard in the Fair Work Commission, with a single commissioner appointed to hear the application.

The central legal issue was whether the proposed agreement would have the effect of significantly disadvantaging employees. The commissioner examined the proposed changes to rostering practices and pay provisions, considering their impact on job security and employee conditions. The commissioner found that while the proposed agreement allowed for more flexible rostering, it did not result in a significant detriment to employees. The commissioner noted that the agreement provided for protections and safeguards for employees, including provisions for consultation and the right to request changes to rosters. The commissioner also found that the proposed changes to pay provisions were not significant enough to result in a detriment to employees.

Based on the evidence presented, the commissioner approved the RWWA General Staff Agreement 2015. The commissioner found that the proposed changes would not have a significant detrimental effect on employees and would allow for a more flexible workforce. The commissioner noted that the agreement provided for protections and safeguards for employees and that the changes were necessary to address concerns about job security and rostering practices. The commissioner approved the agreement, subject to certain conditions, including ongoing consultation with employees and monitoring of its implementation.

The Fair Work Commission approved the RWWA General Staff Agreement 2015, subject to certain conditions. The approval allows RWWA to implement the proposed changes to rostering practices and pay provisions, which the commissioner found would not result in a significant detriment to employees. The agreement provides for protections and safeguards for employees, including provisions for consultation and the right to request changes to rosters. The approval is subject to ongoing consultation with employees and monitoring of its implementation to ensure that the agreement is not having a significant detrimental effect on employees.

Racing and Wagering Western Australia (RWWA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established