DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Racing Club Inc.
(AG2019/3879)

GEELONG RACING CLUB GROUNDS MAINTENANCE STAFF AGREEMENT 2019

Racing industry
COMMISSIONER YILMAZ	MELBOURNE, 15 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Geelong Racing Club Grounds Maintenance Staff Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Racing Club Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Geelong Racing Club Inc. brought an application for the approval of the Geelong Racing Club Grounds Maintenance Staff Agreement 2019 before the Fair Work Commission (FWC). The application involved the approval of a new enterprise agreement that would govern the employment terms of the club's grounds maintenance staff. The Fair Work Act 2009 required the FWC to assess whether the agreement met the statutory requirements for approval, including whether it facilitated the improvement of workplace relations and was free from any unfair content.

The primary legal issues before the FWC were whether the agreement was a "better off overall test" (BOOT) agreement and whether it contained any unfair provisions that would render it non-compliant. The BOOT test required that the overall terms and conditions of the agreement be no less favourable to the employees than their previous conditions of employment or applicable awards. Additionally, the FWC had to ensure that the agreement did not include any unfair content, which would prevent the agreement from being approved.

The FWC determined that the Geelong Racing Club Grounds Maintenance Staff Agreement 2019 met the BOOT requirement, as it provided terms and conditions that were no less favourable than the employees' previous conditions or applicable awards. The FWC also found that the agreement did not contain any unfair content. The FWC approved the agreement on the basis that it facilitated the improvement of workplace relations and met all statutory requirements for approval.

The Fair Work Commission approved the Geelong Racing Club Grounds Maintenance Staff Agreement 2019, finding it to be a BOOT agreement and free from any unfair content. The FWC's decision confirmed the agreement's compliance with the Fair Work Act 2009 and facilitated the improved employment terms for the grounds maintenance staff.

Geelong Racing Club Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established