| [2025] FWCA 2116 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Greyhound Racing Control Board Trading AS Greyhound Racing Victoria
(AG2025/1892)
GRV EMPLOYEE ENTERPRISE AGREEMENT 2024-2028
| Racing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 27 JUNE 2025 |
Application for approval of the GRV Employee Enterprise Agreement 2024-2028 Application for approval of the GRV Employee Enterprise Agreement 2024-2028
An application has been made for approval of an enterprise agreement known as the GRV Employee Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Greyhound Racing Control Board T/A Grehound Racing Victoria (Employer). The Agreement is a single enterprise agreement.
There is a minor difference between the title of the Agreement and that which is specified on the Notice of Employee Representational Rights issued to employees. I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Community and Public Sector Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and 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.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 4 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
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- AGLC
- Greyhound Racing Control Board Trading AS Greyhound Racing Victoria [2025] FWCA 2116
- Case
- [2025] FWCA 2116
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the terms of the proposed enterprise agreement were fair and reasonable, and whether the Board had followed the correct procedures in making the application for approval. The court considered whether the agreement complied with the requirements of the Fair Work Act, including the fairness test, and whether the Board had acted in good faith and provided sufficient information to the affected employees.
The court determined that the agreement was fair and reasonable, and that the Board had followed the correct procedures in making the application. The court found that the agreement contained terms that were consistent with the objectives of the Fair Work Act, including promoting high levels of employment and the development of cooperative and productive workplace relations. The court also found that the Board had provided sufficient information to the affected employees and had given them an opportunity to make submissions on the agreement. The court approved the application for the agreement to be registered.
The court made an order approving the GRV Employee Enterprise Agreement 2024-2028 and directing that it be registered under the Fair Work Act. The order also directed that the agreement would be binding on the Board and its employees from the date of registration. The court noted that the agreement would provide certainty and stability for employees and would promote cooperative and productive workplace relations.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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