Greyhound Racing Control Board T/A Greyhound Racing Victoria

[2022] FWCA 1515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greyhound Racing Control Board T/A Greyhound Racing Victoria

(AG2022/1116)

GRV Stewards and Associated Employees Enterprise Agreement 2020 - 2024

State and Territory government administration
COMMISSIONER MIRABELLA	MELBOURNE, 13 MAY 2022

Application for approval of the GRV Stewards and Associated Employees Enterprise Agreement 2020 - 2024.

Greyhound Racing Control Board T/A Greyhound Racing Victoria (the Employer) has made an application for approval of an enterprise agreement known as the GRV Stewards and Associated Employees Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The title clause of the Agreement lodged contained a referencing error. On 22 April 2022, the Employer filed the attached amended version of the Agreement correcting the error identified. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 May 2022 and, in accordance with s.54, will operate from 20 May 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Greyhound Racing Control Board, trading as Greyhound Racing Victoria, and several employees represented by their unions. The dispute pertains to the approval of the GRV Stewards and Associated Employees Enterprise Agreement 2020-2024. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The central legal issues before the court were whether the proposed enterprise agreement was in the best interests of the employees and if it complied with relevant legislation, particularly the Fair Work Act 2009. The court had to assess whether the agreement met the 'better off overall test', ensuring that the employees were no worse off financially and had at least some improved terms and conditions. Additionally, the court examined whether the agreement contained any terms that were contrary to public policy or had unfair implications.

The Fair Work Commission determined that the proposed enterprise agreement was in the best interests of the employees and did not contravene any legislative requirements. The court found that the agreement met the better off overall test, as it provided employees with improved terms and conditions without any financial detriment. Furthermore, the agreement did not contain any terms that were against public policy or had unfair implications. Consequently, the court approved the GRV Stewards and Associated Employees Enterprise Agreement 2020-2024.

As a result of the court's decision, the GRV Stewards and Associated Employees Enterprise Agreement 2020-2024 was approved, and the terms and conditions outlined in the agreement became binding on the employees and the Greyhound Racing Control Board. The agreement will now govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established