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[2013] FWCA 8402

The attached document replaces the document previously issued with the above code on 25 October 2013.

The title of the agreement has been corrected to reflect its full name

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 25 October 2013

[2013] FWCA 8402

FAIR WORK COMMISSION

DECISION

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

Racing NSW
(AG2013/10776)

AUSTRALIAN RACING FORENSIC LABORATORY - ENTERPRISE AGREEMENT 2013 - 2016

Scientific services
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 OCTOBER 2013

Application for approval of the Australian Racing Forensic Laboratory - Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Australian Racing Forensic Laboratory - Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Racing New South Wales (RNSW) applied for approval of the Australian Racing Forensic Laboratory (ARFL) Enterprise Agreement 2013 - 2016. The application was heard by the Federal Circuit Court. The dispute involved the terms of the agreement between RNSW and the employees of ARFL, which were subject to approval under the Fair Work Act 2009.

The central legal issue before the Court was whether the agreement met the requirements of the Fair Work Act, specifically sections 233 and 234. These sections require that an enterprise agreement, among other things, must be free from prohibited content and must have been made in good faith and in accordance with the procedures set out in the Act. The Court had to determine if the agreement adhered to these statutory provisions.

The Court examined the contents of the agreement and found that it was free from prohibited content and had been made in good faith. The agreement included provisions for wages, hours of work, and other conditions of employment. The Court was satisfied that the agreement had been made following the necessary procedures under the Act. Given these findings, the Court approved the agreement, acknowledging that it met the requirements of the Fair Work Act.

The Court's decision was based on a thorough analysis of the agreement and the relevant statutory provisions. By approving the agreement, the Court confirmed its validity, ensuring that the terms of employment for ARFL employees were legally enforceable.

Racing NSW

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