Greyhound Racing Control Board T/A Greyhound Racing Victoria

Case

[2022] FWCA 1515

13 MAY 2022


[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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