DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasracing Pty Ltd
(AG2018/1413)

TASRACING PTY LTD RACECOURSE ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2018

Application for approval of the Tasracing Pty Ltd Racecourse Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tasracing Pty Ltd Racecourse 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 Tasracing Pty 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 1 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tasracing Pty Ltd sought approval of the Tasracing Pty Ltd Racecourse Enterprise Agreement 2017, which was entered into between Tasracing and the Australian Racing Trades Union and the Tasmanian Racing Union. The application was heard in the Fair Work Commission, with Ian Ross, Deputy President, presiding. The dispute centred on whether the agreement contained provisions that were contrary to the public interest, specifically provisions that allowed for the dismissal of employees without notice or pay in lieu of notice.

The legal issues for the Commission to decide included whether the provisions in question were fair and reasonable, and whether they were contrary to the public interest. The Commission considered the provisions against the criteria set out in section 233 of the Fair Work Act 2009, including whether the provisions would have an adverse effect on the employees' job security or terms and conditions of employment. The Commission also considered whether the provisions were necessary to achieve a legitimate aim, and whether there was a balance between the rights of the employer and the employees.

The Commission found that the provisions were contrary to the public interest as they allowed for the dismissal of employees without notice or pay in lieu of notice. The Commission held that the provisions were not fair and reasonable, as they did not provide adequate protection to employees and could lead to uncertainty and instability in the workplace. The Commission also found that the provisions were not necessary to achieve a legitimate aim, and that there was no balance between the rights of the employer and the employees. The Commission ultimately decided that the provisions were not in the public interest and could not be approved.

The Fair Work Commission refused to approve the Tasracing Pty Ltd Racecourse Enterprise Agreement 2017. The decision highlights the importance of considering the public interest when approving enterprise agreements, and the need for a balance between the rights of employers and employees.

Tasracing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established