DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thoroughbred Racing SA Ltd
(AG2018/827)

THOROUGHBRED RACING SA LTD BARRIER STAFF/AWU ENTERPRISE AGREEMENT 2017

Racing industry
COMMISSIONER LEE	MELBOURNE, 12 JULY 2018

Application for approval of the Thoroughbred Racing SA Ltd Barrier Staff/AWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Thoroughbred Racing SA Ltd Barrier Staff/AWU 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 Thoroughbred Racing SA 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 is approved and, in accordance with s.54 of the Act, will operate from 19 July 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

Thoroughbred Racing SA Ltd (TRSA) sought approval of the Thoroughbred Racing SA Ltd Barrier Staff/AWU Enterprise Agreement 2017. The Australian Workers’ Union (AWU) and TRSA had negotiated the agreement, which aimed to regulate the terms and conditions of employment for barrier staff employed by TRSA. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval.

The legal issues before the Commission were whether the agreement contained all the prescribed terms, and whether it had been genuinely negotiated. The Commission considered whether the agreement provided for the employees' remuneration, working hours, leave entitlements, and other conditions of employment. Additionally, the Commission was required to assess whether the agreement had been negotiated in good faith between the parties.

The Commission found that the agreement met the statutory criteria for approval. It contained all the prescribed terms and had been genuinely negotiated between the parties. The agreement provided for the employees' remuneration, working hours, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement.

The Commission approved the agreement, which will now regulate the terms and conditions of employment for barrier staff employed by TRSA. The approval of the agreement ensures that the employees will have a fair and reasonable set of terms and conditions of employment, which will provide them with job security and protection from unfair treatment.

Thoroughbred Racing SA Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established