Racing SA Ltd. Formerly Thoroughbred Racing SA Limited T/A Racing SA Ltd

[2022] FWCA 159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Racing SA Ltd. Formerly Thoroughbred Racing SA Limited T/A Racing SA Ltd

(AG2021/8919)

Racing SA Ltd Barrier Staff / AWU Enterprise Agreement 2021

Racing industry
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2022

Application for approval of the Racing SA Ltd Barrier Staff / AWU Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Racing SA Ltd Barrier Staff / AWU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Racing SA Ltd (Formerly Thoroughbred Racing SA Limited T/A Racing SA Ltd). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Racing SA Ltd, formerly known as Thoroughbred Racing SA Limited, applied to the Fair Work Commission for the approval of the Racing SA Ltd Barrier Staff / AWU Enterprise Agreement 2021. The applicant sought to have the enterprise agreement approved under section 233 of the Fair Work Act 2009. The Australian Workers' Union, acting as the bargaining representative for certain employees of Racing SA Ltd, was the other party involved in the proceedings.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the necessary minimum terms and conditions, whether it had been genuinely negotiated, and if it was in the best interests of the employees. Additionally, the Commission considered whether the agreement complied with the "better off overall test" and if it contained any unlawful content.

After reviewing the evidence and submissions, the Commission found that the proposed enterprise agreement contained the required minimum terms and conditions, was genuinely negotiated, and was in the best interests of the employees. The Commission concluded that the agreement met the "better off overall test" and did not contain any unlawful content. Accordingly, the Fair Work Commission approved the Racing SA Ltd Barrier Staff / AWU Enterprise Agreement 2021 under section 233 of the Fair Work Act 2009. The agreement now serves as a legally binding framework for the employment of the relevant employees within Racing SA Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established