| [2017] FWCA 1980 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Greyhound Racing Control Board T/A Greyhound Racing Victoria
(AG2017/442)
GRV Employee Enterprise Agreement 2016
| State and Territory government administration | |
| COMMISSIONER JOHNS | SYDNEY, 10 APRIL 2017 |
Application for approval of the GRV Employee Enterprise Agreement 2016.
On 15 February 2017 Greyhound Racing Control Board T/A Greyhound Racing Victoria (Applicant) made an application for approval of the GRV Employee Enterprise Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Agreement was lodged within 14 days after it was made.
The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the CPSU, the Community and Public Sector Union has indicated its acceptance of the undertakings.
Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
The CPSU, the Community and Public Sector 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), the Commission notes that the Agreement covers this organisation.
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 April 2017. The nominal expiry date of the Agreement is 30 June 2019.
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Annexure A
- AGLC
- Greyhound Racing Control Board T/A Greyhound Racing Victoria [2017] FWCA 1980
- Case
- [2017] FWCA 1980
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, specifically whether it contained the minimum terms and conditions prescribed by the Act and whether it was in the best interests of the employees involved. The court also needed to determine whether the agreement was certified as a single-interest employer agreement by the relevant bargaining representative.
The Fair Work Commission examined the agreement in detail, considering both the statutory requirements and the broader context of industrial relations. The court found that the proposed agreement met the minimum terms and conditions set out in the Fair Work Act, and was certified by the appropriate bargaining representative. The Commission also concluded that the agreement was in the best interests of the employees, taking into account the specific circumstances of the industry and the need for a fair and reasonable working environment. Consequently, the court approved the GRV Employee Enterprise Agreement 2016, enabling it to be implemented and enforced as a legally binding agreement.
The final orders of the court included the approval of the GRV Employee Enterprise Agreement 2016, with the agreement to be registered with the Fair Work Commission. The court also directed that the agreement be given effect in accordance with the terms set out in the agreement and the relevant provisions of the Fair Work Act. This decision provided a framework for the governance of employment relations within the greyhound racing industry in Victoria, ensuring that both employers and employees have clear and enforceable rights and obligations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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