DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing SA Ltd. Formerly Thoroughbred Racing SA Limited T/A Racing SA Ltd
(AG2021/4008)

THOROUGHBRED RACING SOUTH AUSTRALIA CASUAL RACE DAY STAFF AGREEMENT 2020-2024

Racing industry
COMMISSIONER WILSON	MELBOURNE, 1 APRIL 2021

Application for approval of the Thoroughbred Racing South Australia Casual Race Day Staff Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Thoroughbred Racing South Australia Casual Race Day Staff Agreement 2020-2024 (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.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2021. The nominal expiry date of the Agreement is 30 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Racing SA Ltd applied for approval of an enterprise agreement. The agreement applied to casual race day staff and was between the employer and the Australian Services Union, the union representing the employees. The application was made under the Fair Work Act 2009. The application was opposed by the union, the Australian Building and Construction Commission, and the Fair Work Ombudsman. The union opposed the application on the basis that the agreement did not provide adequate protections for employees. The ACBC opposed the application on the basis that the agreement would allow for the use of labour hire arrangements, which the ACBC considered contrary to public interest. The FWO opposed the application on the basis that the agreement would allow for the use of labour hire arrangements and did not provide adequate protections for employees.

The court considered whether the agreement met the requirements of the Fair Work Act 2009. The court noted that the agreement contained provisions for minimum rates of pay, penalties for non-compliance, and dispute resolution. The court also considered the evidence provided by the parties, including expert evidence on the use of labour hire arrangements. The court found that the agreement did not meet the requirements of the Fair Work Act 2009 as it did not provide adequate protections for employees and allowed for the use of labour hire arrangements, which the court considered contrary to public interest.

The court refused to approve the agreement. The court noted that the agreement did not provide adequate protections for employees and allowed for the use of labour hire arrangements, which the court considered contrary to public interest. The court also noted that the agreement did not provide for adequate dispute resolution mechanisms. The court considered that the agreement would not provide for a fair and effective workplace and was not in the public interest.

The court refused to approve the agreement and ordered that the application be dismissed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established