SOUTH AUSTRALIAN JOCKEY CLUB GROUND STAFF ENTERPRISE AGREEMENT 2025

Application for approval of the South Australian Jockey Club Ground Staff Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the South Australian Jockey Club Ground Staff 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 the South Australian Jockey Club Inc (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. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

[3] The Notice of Employee Representational Rights (NERR) provided to the employees contained a minor error in the Applicant Employer's name. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s. 174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. Pursuant to section188(5)(a) of the Act I have determined to disregard the minor technical error.

[4] The Applicant has provided written 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.

[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] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement contains a Delegates' Rights Term that is less favourable than the recently amended Racing Industry Ground Maintenance Award 2020 (the Award). Pursuant to section 205A(2) of the Act, the Workplace Delegates' Rights term in Clause 26A of the Award is taken to be a term of the Agreement.

[8] 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.

[9] 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 30 June 2028.

Printed by authority of the Commonwealth Government Printer