Warrnambool Racing Club Inc t/a Warrnambool Racing Club

[2021] FWCA 6388

[2021] FWCA 6388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Racing Club Inc t/a Warrnambool Racing Club
(AG2021/7730)

WARRNAMBOOL RACING CLUB 2021 PARTNERSHIP AGREEMENT

Racing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 OCTOBER 2021

Application for approval of the Warrnambool Racing Club 2021 Partnership Agreement.

[1] Warrnambool Racing Club has applied for approval of a single enterprise agreement known as the Warrnambool Racing Club 2021 Partnership Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Since the application was made, the Commission raised concerns about whether the Agreement contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[4] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] Noting clause 5.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[7] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[8] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[9] The Agreement was approved on 22 October 2021 and, in accordance with s.54, will operate from 29 October 2021. The nominal expiry date of the Agreement is 8 August 2024.

[10] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513619  PR735141>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.