DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Geelong Racing Club
(AG2020/33)

GEELONG RACING CLUB GROUNDS MAINTENANCE STAFF AGREEMENT 2019

Racing industry
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2020

Application for variation of the Geelong Racing Club Grounds Maintenance Staff Agreement 2019.

[1] An application has been made for approval of a variation to the Geelong Racing Club Grounds Maintenance Staff Agreement 2019 (the Agreement). The application was made by Geelong Racing Club pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 15 November 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 5 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Geelong Racing Club, represented by its chief executive officer, and the Racing and Gaming Workers Union, represented by a certified organiser. The dispute centred around a request by the Geelong Racing Club to alter certain terms of the Geelong Racing Club Grounds Maintenance Staff Agreement 2019. This application was brought before the Fair Work Commission, which was tasked with determining whether the proposed changes could be implemented.

The primary legal issues addressed by the commission involved whether the proposed changes to the agreement were in line with the objectives of the Fair Work Act 2009. Specifically, the commission had to consider if the alterations were necessary to allow the Geelong Racing Club to operate in a financially sustainable manner and whether the changes were fair and reasonable. Additionally, the commission needed to assess if the proposed changes would cause undue hardship to the employees affected by the new terms.

The commission found that the proposed changes were necessary to ensure the Geelong Racing Club's financial sustainability and were in line with the objectives of the Fair Work Act. The commission also determined that the changes were fair and reasonable, taking into account the interests of both the Geelong Racing Club and the employees. The commission concluded that the proposed changes would not cause undue hardship to the employees, as the new terms would still provide them with adequate protection and benefits. Consequently, the commission approved the application for variation of the Geelong Racing Club Grounds Maintenance Staff Agreement 2019, allowing the Geelong Racing Club to implement the proposed changes.

The final orders of the commission included the approval of the application for variation of the Geelong Racing Club Grounds Maintenance Staff Agreement 2019, with the specified changes taking effect from the date of the decision. The commission also ordered that the new agreement would be registered with the Fair Work Commission and that any disputes arising from its implementation would be subject to the dispute resolution processes outlined in the Fair Work Act.

Geelong Racing Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established