Western Australian Turf Club

[2016] FWCA 2426

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Western Australian Turf Club T/A Perth Racing
(AG2016/2522)
PERTH RACING ENTERPRISE AGREEMENT 2016
Racing industry
COMMISSIONER CLOGHAN	PERTH, 15 APRIL 2016
Application for approval of the Perth Racing Enterprise Agreement 2016.

[1] On 14 March 2016, The Western Australian Turf Club T/A Perth Racing made

application for approval of a single enterprise agreement to be known as the Perth Racing

Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 February 2016.
[3] The Fair Work Commission (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 Agreement is approved and will, in accordance with s.54(1) of the FW Act,

operate from 22 April 2016.

[6] The nominal expiry date of this Agreement is 21 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Western Australian Turf Club T/A Perth Racing (Applicant) applied for the approval of a single enterprise agreement, the Perth Racing Enterprise Agreement 2016 (Agreement), under section 185 of the Fair Work Act 2009. The Fair Work Commission (Commission), presided over by Commissioner Cloghan, was tasked with determining whether the Agreement met the statutory requirements for approval. The Applicant sought to have the Agreement, which had been subject to a ballot on 29 February 2016, endorsed as a legally binding contract between the parties involved.

The central legal issue before the Commission was whether the Agreement fulfilled the prerequisites for approval outlined in sections 186, 187, and 188 of the FW Act. Specifically, the Commission had to ascertain whether the agreement was genuinely an enterprise agreement, was made in good faith, and adhered to the procedural and substantive requirements established by the Act. This involved verifying the agreement's coverage, the process through which it was negotiated, and whether it addressed the necessary minimum terms and conditions for the employees involved.

Upon reviewing the evidence and submissions provided by the Applicant, Commissioner Cloghan determined that the Agreement satisfied the statutory criteria for approval. The Commission was satisfied that the Agreement was genuinely an enterprise agreement, was made in good faith, and met all procedural and substantive requirements under the FW Act. Consequently, the Agreement was approved, and it was decreed that it would commence on 22 April 2016. The nominal expiry date of the Agreement was set as 21 April 2019, after which it would be subject to renegotiation or further approval.

The final orders of the Commission were that the Perth Racing Enterprise Agreement 2016 be approved and that it would operate from 22 April 2016, with a nominal expiry date of 21 April 2019. This decision was made in accordance with the statutory provisions of the Fair Work Act 2009 and was based on the comprehensive assessment of the Agreement against the legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established