| FWCFB 7669|
|FAIR WORK COMMISSION|
Application by the Australian Trainers’ Association
Fair Work Act 2009
s.160—Variation of modern award
HORSE AND GREYHOUND TRAINING AWARD 2010
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT
SYDNEY, 10 NOVEMBER 2014
Application by the Australian Trainers’ Association to vary the Horse and Greyhound Training Award 2010 - variation to introduce provisions relating to apprentice jockeys - retrospective operation of variations - award varied.
 This is an application by the Australian Trainers’ Association (the applicant) to vary the Horse and Greyhound Training Award 2010 1 (the Award) to include provisions relating to apprentice jockeys. The application was made pursuant to s.160 of the Fair Work Act 2009 (the Act) and following the decision of the full bench of the Fair Work Commission (the Commission) in the Modern Awards Review 2012 - Apprentices, Trainees and Juniors case (the Apprentices Case).2
 The application was supported by the Australian Workers’ Union (AWU) and various racing industry bodies. 3
 In general, the application seeks to insert into the Award:
● a definition of apprentice jockey;
● wage rates for apprentice jockeys which are a percentage of the “track rider” classification rates in the Award;
● wage rates for adult apprentice jockeys; and
● general apprentice conditions of employment consistent with those determined in the Apprentices Case.
 There were a series of conferences of the parties conducted by Commissioner Roe in relation to the application. Statements were issued by the Commissioner following the conferences setting out the progress made in reaching an agreed position between the parties. 4
 The application came before the full bench for hearing on 27 October 2014. Submissions were presented by the applicant, the AWU and Racing NSW 5 in support. The parties sought, having regard to ss.160, 165 and 166 of the Act, that the variations to the Award relating to apprentice wage rates should apply from 1 January 2010, the date of operation of the modern award. The retrospective operation of those parts of the variations would be subject to a protective provision which would ensure that no employee who has received a higher payment in respect of wages in the period of retrospective operation would be required to repay such payment.
 Having regard to the relevant provisions of the Act, the agreed position reached between the parties, the submissions presented in the proceedings before the full bench and the protective provisions proposed in relation to the retrospective operation of some of the variations, we are satisfied that it is appropriate to vary the Award as sought by the applicant and as agreed by the other interested parties.
 The Award will be varied in accordance with the draft orders filed by the applicant.
SENIOR DEPUTY PRESIDENT
W Lee appeared on behalf of the Australian Trainers’ Association.
J Gherjestani appeared on behalf of the Australian Workers’ Union.
B Harding, solicitor, appeared on behalf of Racing NSW, Racing Queensland and Racing and Wagering WA.
2 PR539853  FWCFB 5411.
3 These bodies included Racing NSW, Racing Victoria, Racing Queensland, Racing and Wagering WA and Thoroughbred Racing SA.
4 See Statements issued by Commissioner Roe on 26 June 2014 and 6 October 2014.
5 The representative for Racing NSW also represented Racing Queensland and Racing and Wagering WA. Racing Victoria and Thoroughbred Racing SA did not attend the hearing but indicated by e-mails that they supported the submissions made by Racing NSW.
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