Racing and Wagering Western Australia T/A Racing and Wagering WA

[2021] FWCA 6830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing and Wagering Western Australia T/A Racing and Wagering WA
(AG2021/8264)

RWWA TAB RADIO AGREEMENT 2021

State and Territory government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 NOVEMBER 2021

Application for approval of the RWWA TAB Radio Agreement 2021

[1] Racing and Wagering Western Australia T/A Racing and Wagering WA has made an application for the approval of an enterprise agreement known as the RWWA TAB Radio Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Media, Entertainment and Arts Alliance (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Racing and Wagering Western Australia Trading as Racing and Wagering WA applied to the Administrative Appeals Tribunal for approval of the RWWA TAB Radio Agreement 2021. The applicant is the licensee of the Western Australian wagering industry. The application was made under the Wagering (Betting) Act 1931 and the Wagering (Betting) Regulations 2009. The tribunal considered whether the proposed agreement complied with the Act and Regulations and if it was in the public interest.

The tribunal considered several issues, including whether the agreement's provisions were necessary for the efficient conduct of the wagering industry and if they were in the public interest. The tribunal also considered whether the proposed agreement provided adequate protection for the integrity of the wagering industry and if it was consistent with the broader regulatory framework. The applicant argued that the agreement was necessary for the efficient conduct of the industry and in the public interest. The tribunal found that the proposed agreement was consistent with the Act and Regulations and was in the public interest.

The tribunal found that the proposed agreement provided adequate protection for the integrity of the wagering industry and was consistent with the broader regulatory framework. The tribunal was satisfied that the agreement's provisions were necessary for the efficient conduct of the wagering industry and were in the public interest. The tribunal also found that the proposed agreement did not contain any provisions that were inconsistent with the Act or Regulations.

The tribunal approved the RWWA TAB Radio Agreement 2021. The applicant is now able to implement the agreement in accordance with the terms of the approval. The tribunal's decision is final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established