s.185 - Application for approval of a single-enterprise agreement

Application for approval of the ATC & AWU Tracks Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the ATC & AWU Tracks Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australian Turf Club Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings (Annexure A). Pursuant to s.190(4) of the Act the views of the bargaining representatives were sought in relation to 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[4] I note the terms of clause 2.4 of the Agreement which provides that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2028.

Printed by authority of the Commonwealth Government Printer