Application for variation of the Brisbane Racing Club Limited Enterprise Agreement 2024

[1] The Brisbane Racing Club Limited (BRC) has applied to vary the Brisbane Racing Club Limited Enterprise Agreement 2024[1] (the Agreement) pursuant to s.218A, to correct or amend an obvious error that arose during the approval process for the Agreement. The Construction, Forestry and Maritime Employees Union (CFMEU) who are covered by the Agreement, support the application for variation and the grounds for seeking it.

[2] On the materials before me, I find the Brisbane Racing Club Limited Enterprise Agreement 2024 to be affected by obvious error in that an unsigned copy of the Agreement was initially filed with the application for approval with the Fair Work Commission (Commission). When the Fair Work Commission requested a signed copy of the Agreement an incorrect historical version was filed and subsequently approved. I am satisfied that the Agreement sought to be varied, is to be varied to the Agreement that was actually renegotiated and agreed by the parties, was explained to and successfully voted on by affected employees being made on 6 June 2024.

[3] Specifically, BRC notes that the correct agreement provides:

• for a 3 year term;

• for greater allowance values at clauses 28.1.2, 28.2.2 and 28.3;

• for the inclusion of a "Tractor Allowance" at clause 28.10; and

• increased rates of pay/allowances in Schedule 2.

[4] The Agreement will be varied to correct the errors under section 218A of the Fair Work Act 2009. The variation will give effect to the agreement reached between the parties and is necessary to provide clarity and certainty of the correct version of the Agreement that was made and agreed by the parties.

[5] The variation will operate retrospectively from the date the Agreement commenced operation, being 6 August 2024. A consolidated version of the Agreement as varied is attached to this Decision.

[1] AE525583 [2024] FWCA 2760.

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