TP Racing Services Pty Ltd

[2013] FWCA 4384

[2013] FWCA 4384

FAIR WORK COMMISSION

DECISION

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

TP Racing Services Pty Ltd
(AG2013/1409)

TP RACING SERVICES PTY LTD NSW AGREEMENT 2013

Racing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 JULY 2013

Application for approval of the TP Racing Services Pty Ltd NSW Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TP Racing Services Pty Ltd NSW Agreement 2013(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by TP Racing Services Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 5 June 2013. The application included a Statutory Declaration of Michaela Crowe made on behalf of the Employer and dated (in error) 29 May 2012, (the Declaration). The Declaration stated that the Agreement was made on 22 May 2013. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 26 June 2013, at which time Ms M Crowe appeared for the Employer and Mr G Beard together with Mr D Margerison appeared for The Australian Workers’ Union (the AWU). During the proceeding held on 26 June, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Ms Crowe and Mr Beard provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 3 July 2013, from the Employer which included Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing and the Undertakings subsequently provided.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the file has included a Statutory Declaration of Vern Falconer made on behalf of the AWU, as an employee organisation in relation to the application. I also note that the Agreement contains a flexibility term at clause 23 and a consultation term at clause 24.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 11 July 2013. In accordance with clause 5 of the Agreement the nominal expiry date of the Agreement is 11 July 2016.

COMMISSIONER

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