South Australian Jockey Club Inc. Summary

[2022] FWCA 2268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Australian Jockey Club Inc.

(AG2022/1916)

South Australian Jockey Club Ground Staff Enterprise Agreement 2022

Racing industry
COMMISSIONER SPENCER	BRISBANE, 7 JULY 2022

Application for approval of the South Australian Jockey Club Ground Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the South Australian Jockey Club Ground Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by South Australian Jockey Club Inc. (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, South Australian Jockey Club Inc., sought approval from the Fair Work Commission of the South Australian Jockey Club Ground Staff Enterprise Agreement 2022. This application was contested by the Australian Services Union, who raised concerns about the terms and conditions of the proposed agreement, particularly regarding the employment of ground staff at the club. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The applicant needed to demonstrate that the agreement was certified as a "bargained agreement" by an independent certifier and that it met the "better off overall test" for employees. The AWU contended that the agreement failed to appropriately address certain employee protections and did not achieve the necessary threshold for approval.

In assessing the application, the Commission considered the evidence presented by both parties and the criteria established by the Fair Work Act. The Commission found that the agreement was indeed a bargained agreement and had been certified as such. Further, the Commission determined that the agreement passed the better off overall test, as it provided for a fair balance of benefits and detriments for the employees. The AWU's objections were largely based on subjective assessments of the agreement's provisions, which the Commission found to be insufficient to overturn the certifier's decision.

Following its analysis, the Commission approved the South Australian Jockey Club Ground Staff Enterprise Agreement 2022. The applicant's application was granted, and the agreement was approved as a registered agreement under the Fair Work Act. The AWU's objections were dismissed, and the agreement is now in effect, governing the employment conditions of the ground staff at the club.

South Australian Jockey Club Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established