DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing and Wagering Western Australia T/A Racing and Wagering WA
(AG2019/1373)

RWWA GENERAL STAFF AGREEMENT 2019

State and Territory government administration
COMMISSIONER WILLIAMS	PERTH, 15 JULY 2019

Application for approval of the RWWA General Staff Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RWWA General Staff Agreement 2019 (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 T/A Racing and Wagering WA. 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.

[3] 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 is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 1 September 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Racing and Wagering Western Australia T/A Racing and Wagering WA for the approval of the RWWA General Staff Agreement 2019. The dispute centred around the classification and remuneration of employees within the organisation. The Commission was tasked with determining whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the proposed agreement satisfied the requirements for registration as a single-enterprise agreement. This included assessing whether the agreement had been fairly and genuinely negotiated and whether it adhered to the relevant provisions of the Act, including the good faith bargaining obligations. Furthermore, the Commission needed to consider whether the agreement provided for appropriate classifications, wages, and other conditions that were fair and reasonable.

After thorough examination of the evidence and arguments presented, the Commission found that the agreement had been fairly and genuinely negotiated and met all the statutory criteria for approval. The Commission noted the efforts made by both parties to reach a consensus and the comprehensive nature of the agreement in terms of addressing the employees' needs. The terms of the proposed agreement were deemed to be fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the Commission approved the RWWA General Staff Agreement 2019, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the RWWA General Staff Agreement 2019, effective from the date of the decision. The agreement now serves as a legally binding enterprise agreement between Racing and Wagering Western Australia and its employees, outlining the terms and conditions of employment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established