DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern District Racing Association
(AG2018/3232)

SDRA CLUBS - CASUAL BARRIER ATTENDANTS WORKPLACE AGREEMENT 2018

Racing industry
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2018

Application for approval of the SDRA Clubs - Casual Barrier Attendants Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SDRA Clubs - Casual Barrier Attendants Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern District Racing Association. 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.

[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 19 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Southern District Racing Association, the applicant sought approval of the SDRA Clubs - Casual Barrier Attendants Workplace Agreement 2018. The application was before the Fair Work Commission (FWC) as the agreement related to the employment conditions of casual barrier attendants within the racing industry. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically regarding the criteria for an agreement to be considered a small business national workplace agreement.

The primary legal issue was whether the SDRA Clubs - Casual Barrier Attendants Workplace Agreement 2018 met the criteria for a small business national workplace agreement as stipulated in the Fair Work Act. The FWC had to determine if the applicant was a small business within the meaning of the Act, and whether the agreement was made in the course of its business. Additionally, the FWC had to consider whether the agreement was appropriate for the nature of the business and the employees involved.

The FWC concluded that the SDRA was a small business as defined in the Fair Work Act, having fewer than 15 employees. The FWC also found that the agreement was made in the course of the SDRA's business and was appropriate for the nature of the business and the employees involved. The agreement was deemed to meet the criteria for a small business national workplace agreement, and the FWC approved the application.

Consequently, the SDRA Clubs - Casual Barrier Attendants Workplace Agreement 2018 was approved by the FWC and would now be subject to the provisions of the Fair Work Act. This decision would provide a framework for the employment conditions of casual barrier attendants within the racing industry, governed by the approved agreement.

Southern District Racing Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established