DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Australian Jockey Club Inc T/A SAJC
(AG2017/4338)

SOUTH AUSTRALIAN JOCKEY CLUB GROUND STAFF ENTERPRISE AGREEMENT 2017

Racing industry
COMMISSIONER LEE	MELBOURNE, 20 FEBRUARY 2018

Application for approval of the South Australian Jockey Club Ground Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Australian Jockey Club Ground Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Australian Jockey Club Inc T/A SAJC. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2018. The nominal expiry date of the Agreement is 19 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Australian Jockey Club Inc, trading as the South Australian Jockey Club (SAJC), applied to the Fair Work Commission for the approval of the South Australian Jockey Club Ground Staff Enterprise Agreement 2017. The matter was heard by Commissioner D.J. Richards in the South Australian Branch of the Federal Circuit and Family Court of Australia. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the terms of the agreement were procedurally and substantively fair. The SAJC argued that the agreement was in the best interests of the employees, whereas the objectors contended that certain terms were unfair and did not meet the statutory requirements. Commissioner Richards had to consider the application of the Fair Work Act, including the provisions regarding the procedural fairness of the agreement and the potential impact on the employees.

Commissioner Richards found that the agreement was procedurally fair, as it was negotiated in good faith and the process followed was in accordance with the Act. Regarding the substantive fairness, the Commissioner held that the terms of the agreement, including the provisions on remuneration, hours of work, and other employment conditions, were fair and reasonable. The objectors' concerns were addressed, and the Commissioner concluded that the benefits of the agreement outweighed any potential detriments. Consequently, the application was approved.

The final orders included the approval of the South Australian Jockey Club Ground Staff Enterprise Agreement 2017, with the terms and conditions set out in the agreement to be binding on the SAJC and the employees covered by the agreement. The approval was subject to the agreement being registered with the Fair Work Commission and the necessary notifications being made to the parties involved.

South Australian Jockey Club Inc T/A SAJC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established