DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Racing Club Inc
(AG2015/66)

GEELONG RACING CLUB GROUNDS MAINTENANCE STAFF AGREEMENT 2014

Racing industry
COMMISSIONER CRIBB	MELBOURNE, 19 JANUARY 2015

Application for approval of the Geelong Racing Club Grounds Maintenance Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Racing Club Grounds Maintenance Staff Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 19 January 2015 and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 31 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Geelong Racing Club Inc, which sought approval for the Geelong Racing Club Grounds Maintenance Staff Agreement 2014. The matter was before the Fair Work Commission, which was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009 and could be approved as a registered agreement. The dispute centred on the interpretation and application of the relevant sections of the Act and whether the agreement complied with the necessary criteria.

The primary legal issues before the Commission were whether the agreement had been made in good faith, whether it provided for a fair and efficient method of determining employees' pay and conditions, and if it complied with the provisions of the Act regarding coverage, duration, and the right to be free from coercion and undue influence. The Commission needed to carefully examine the terms of the agreement and the process by which it was negotiated to ensure that it met all statutory requirements for registration.

The Commission found that the agreement had been made in good faith and met the necessary criteria for approval. It was satisfied that the agreement provided for a fair and efficient method of determining employees' pay and conditions and was consistent with the provisions of the Fair Work Act 2009. The Commission noted that the agreement had been negotiated through a genuine process of consultation and bargaining, and that it contained provisions that were consistent with the principles of the Act. The Commission approved the Geelong Racing Club Grounds Maintenance Staff Agreement 2014 as a registered agreement, subject to certain conditions and limitations.

The final orders of the Commission were that the Geelong Racing Club Grounds Maintenance Staff Agreement 2014 be registered as a registered agreement, effective from the date of the decision. The agreement was to be registered for a period of five years, with the possibility of earlier termination in accordance with the provisions of the Act. The Commission also imposed certain conditions on the agreement, including requirements for ongoing consultation and bargaining between the parties, and a requirement that any changes to the agreement be made in good faith and through a genuine process of consultation and bargaining.

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