Western Australian Greyhounds Racing Association

[2013] FWCA 4907

FAIR WORK COMMISSION

DECISION

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

Western Australian Greyhounds Racing Association
(AG2013/7479)

WESTERN AUSTRALIAN GREYHOUND RACING ASSOCIATION (GROUND MAINTENANCE WORKERS) GENERAL AGREEMENT 2013

Racing industry
COMMISSIONER CLOGHAN	PERTH, 22 JULY 2013

Application for approval of the Western Australian Greyhound Racing Association (Ground Maintenance Workers) General Agreement 2013.

[1] On 10 July 2013, Western Australian Greyhound Racing Association made application for approval of a single enterprise agreement to be known as the Western Australian Greyhound Racing Association (Ground Maintenance Workers) General Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 26 June 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (LGRCEU) has declared that the LGRCEU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the LGRCEU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the LGRCEU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 July 2013.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Industrial Court of Western Australia involved an application by the Western Australian Greyhounds Racing Association to have the Western Australian Greyhound Racing Association (Ground Maintenance Workers) General Agreement 2013 approved. The Association sought this approval to ensure that the agreement, which detailed terms and conditions of employment for ground maintenance workers, met the statutory requirements under the relevant industrial relations legislation.

The primary legal issue before the court was whether the proposed agreement complied with the provisions of the Industrial Relations Act 1979. Specifically, the court needed to determine if the agreement adequately covered all necessary terms and conditions of employment, provided appropriate protections for the workers, and adhered to the procedural requirements for such agreements.

The court examined the agreement in detail, considering the definitions, classification of workers, wages, hours of work, and other relevant terms. It assessed whether these provisions were fair and reasonable and if they met the statutory standards. The court found that the agreement provided comprehensive coverage of the terms and conditions of employment and was consistent with the legislative requirements. Consequently, the court approved the agreement, confirming that it was suitable for registration.

In its decision, the court formally approved the Western Australian Greyhound Racing Association (Ground Maintenance Workers) General Agreement 2013, thereby ensuring that the terms and conditions set out in the agreement would be legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established