DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tasracing Pty Ltd
(AG2020/4164)

TASRACING PTY LTD RACECOURSE ENTERPRISE AGREEMENT 2020

Racing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 FEBRUARY 2021

Application for approval of the Tasracing Pty Ltd Racecourse Enterprise Agreement 2020.

[1] Tasracing Pty Ltd has made an application for the approval of an enterprise agreement known as the Tasracing Pty Ltd Racecourse Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 18 February 2021 and, in accordance with s 54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission was an application by Tasracing Pty Ltd for approval of the Tasracing Pty Ltd Racecourse Enterprise Agreement 2020. The dispute arose from negotiations between the employer and the relevant trade union, Racing Industry Employees Union of Australia, over terms and conditions of employment for employees within the racing industry. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement contained all the necessary components required by the Fair Work Act, and whether it had been made in accordance with the provisions of the Act. Specifically, the Commission needed to assess whether the agreement provided for minimum terms and conditions, and whether it had been certified by the relevant independent body without any errors or non-compliance issues.

The Commission found that the Tasracing Pty Ltd Racecourse Enterprise Agreement 2020 met all the necessary requirements for approval under the Fair Work Act. The agreement contained the mandatory minimum terms and conditions, and had been certified as free from errors by the relevant independent body. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for a fair and reasonable outcome for both parties. Consequently, the application for approval was granted, and the agreement was approved as a registered enterprise agreement.

The Commission made an order approving the Tasracing Pty Ltd Racecourse Enterprise Agreement 2020 as a registered enterprise agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the first calendar month following the date of the order, and was to remain in effect for a period of four years. The parties were directed to take all necessary steps to give effect to the agreement, and to ensure that it was brought to the attention of all relevant 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