austlii:cth/FWCA/2026/678
General information, not legal advice.
FWCA
2026-03-18
Original judgment source is linked above.
s.185 - Enterprise agreement
GREYHOUND RACING SA LTD CLERICAL AND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2025
Application for approval of the Greyhound Racing SA Ltd Clerical and Administrative Employees Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Greyhound Racing SA Ltd Clerical and Administrative Employees Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greyhound Racing SA Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.
[3] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that allowances which have not been included in the Agreement are not relevant to the work being performed by the employees. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes at a later time.
[4] The Applicant has provided written undertakings, a copy of which is attached in Annexure A. 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 28A of the Racing Clubs Events Award 2020 and clause 25A of the Sporting Organisations Award 2020 are taken to be terms of the Agreement.
[7] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 ASU.
[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 25 March 2026. The nominal expiry date of the Agreement is 18 March 2030.

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