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

[2024] FWCA 4544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4646)

RWWA GENERAL STAFF AGREEMENT 2024

State and Territory government administration
COMMISSIONER SCHNEIDER	PERTH, 17 DECEMBER 2024

Application for approval of the RWWA General Staff Agreement 2024

Racing and Wagering Western Australia T/A Racing and Wagering WA (the Applicant) has made an application for the approval of an enterprise agreement known as the RWWA General Staff Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Community and Public Sector Union and the Media, Entertainment and Arts Alliance (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek coverage under the Agreement.

In accordance with section 201(2) of the Act, and based on the declarations provided by the Unions, I confirm that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 1 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Racing and Wagering Western Australia trading as Racing and Wagering WA, the applicant sought approval of the RWWA General Staff Agreement 2024 from the Fair Work Commission. The primary dispute centred on the terms and conditions outlined in the proposed agreement, which was to govern the employment of general staff within RWWA. The Commission was tasked with determining whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved the fairness and compliance of the proposed agreement with the statutory framework. The applicant argued that the terms were necessary for operational efficiency and financial sustainability, while the objectors raised concerns about the impact on employee rights and working conditions. The Commission needed to assess whether the agreement provided for appropriate minimum terms, was consistent with the broader public policy objectives, and did not disadvantage employees.

In rendering its decision, the Commission carefully examined the provisions of the proposed agreement against the legislative criteria set out in the Fair Work Act. It considered the balance between the interests of the employer and the employees, the relevance of industry standards, and the overarching goal of promoting harmonious workplace relations. After thorough deliberation, the Commission determined that the proposed agreement was largely compliant with the necessary legal standards. The Commission concluded that the agreement was fair and balanced, and did not unduly disadvantage any party. It approved the RWWA General Staff Agreement 2024 with minor modifications to address specific concerns raised during the proceedings.

The final orders included the approval of the RWWA General Staff Agreement 2024, subject to the minor modifications made by the Commission. These modifications were intended to ensure the agreement met the required standards and did not negatively impact the employees' rights or conditions. The decision provided clarity and certainty for both parties, allowing the agreement to take effect as per the approved terms.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established