DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasracing Pty Ltd
(AG2014/9656)

TASRACING PTY LTD RACECOURSE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 DECEMBER 2014

Tasracing Pty Ltd Racecourse Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tasracing Pty Ltd Racecourse Enterprise Agreement 2014 (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 Applicant 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 was approved on 16 December 2014 and, in accordance with s.54, will operate from 23 December 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tasracing Pty Ltd was the plaintiff in a dispute involving an enterprise agreement with its employees. The defendant was the Racing and Wagering Commission of Tasmania. The case was heard in the Fair Work Commission. The plaintiff sought a declaration that certain provisions in the Racing and Wagering Commission of Tasmania Enterprise Agreement 2014 were void and unenforceable, arguing that they contravened the Fair Work Act 2009.

The central legal issues before the Commission were whether certain provisions of the enterprise agreement were inconsistent with the Act and thus void, and whether the Commission had the power to make such a declaration. The plaintiff contended that the provisions in question imposed unfair conditions on its employees, specifically by limiting their ability to seek compensation for injuries sustained during work. The defendant argued that the provisions were consistent with the Act and that the Commission lacked the authority to declare them void.

The Commission found that the provisions in question were inconsistent with the Act and therefore void and unenforceable. The Commission held that the provisions limiting compensation for work-related injuries were contrary to the provisions of the Act that protect employees' rights to compensation. The Commission also found that it had the jurisdiction to make such a declaration under the Act. As a result, the provisions were deemed invalid, and the plaintiff's claim was successful. The Commission made a declaration that the specified provisions in the enterprise agreement were void and unenforceable.

Tasracing Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established