Australian Workers' Union v Victoria Racing Club Limited

[2025] FWC 2873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Victoria Racing Club Limited

(B2025/1502)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 26 SEPTEMBER 2025

Proposed protected action ballot of employees of Victoria Racing Club Limited – non-AEC ballot electronic voting

This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Victoria Racing Club Limited (Victoria Racing or Employer).

On 25 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application subject to the AWU agreeing to two minor amendments to clause 6.1 and 6.2 of the Draft Order. The AWU provided confirmation they accepted these changes.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Steven Bonica, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Victoria Racing, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 16 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR792141.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 14 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide on an application by the Australian Workers' Union (AWU) for a protected action ballot order regarding employees of Victoria Racing Club Limited (Victoria Racing). The AWU sought to conduct a ballot to determine if its members would support protected industrial action. The ballot was intended to be conducted through an electronic voting system provided by Fair Vote Services Pty Ltd. The primary issue for the Commission was whether the AWU had met all the statutory requirements to be granted the order and if the proposed electronic voting method was acceptable.

The AWU argued that it had genuinely attempted to reach an agreement with Victoria Racing but had been unsuccessful. The AWU submitted that the proposed agreement had a notification period and that all conditions under section 443(1) of the Fair Work Act 2009 were fulfilled. The AWU also argued that the proposed electronic voting system was appropriate and that it was the most effective way to conduct the ballot. Victoria Racing did not object to the application, subject to minor amendments to the ballot clauses. The Commission accepted the minor amendments proposed by the AWU and proceeded to consider the application on the papers without a hearing.

The Deputy President, Wright, found that the AWU had indeed met all the requirements under section 443(1) of the Act. The Commission was satisfied that the notification period was appropriate and that the AWU had genuinely attempted to reach an agreement with Victoria Racing. The Deputy President determined that the electronic voting system proposed by Fair Vote was acceptable and authorised the conduct of the ballot. The closing date for voting was set at 16 October 2025, which aligned with the period requested by the AWU. The Commission also scheduled a compulsory conciliation conference under section 448A of the Act to be conducted by another member, with an order to be issued for the attendance of all bargaining representatives. This conference aimed to ensure meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established