DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greyhound Racing Victoria
(AG2016/6286)

GREYHOUND RACING VICTORIA STEWARDS AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT 2016

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Greyhound Racing Victoria Stewards and Associated employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greyhound Racing Victoria Stewards and Associated employees Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greyhound Racing Victoria. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 October 2016 and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Greyhound Racing Victoria Stewards and Associated employees Enterprise Agreement 2016. The applicant, Greyhound Racing Victoria, sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a simple or low-paid enterprise agreement. The Commission was required to consider the fairness and appropriateness of the terms and conditions within the agreement for the employees it covered.

The primary legal issue before the Commission was whether the agreement was a "low-paid" agreement, as defined under section 227 of the Act, and therefore eligible for "simplified" approval. The applicant argued that the agreement was low-paid because the average weekly ordinary earnings of the employees were below the threshold specified in the regulations. The Commission needed to examine the earnings data provided and determine whether the agreement met the low-paid criteria. Additionally, the Commission had to ensure that the agreement did not contain any terms that were unfair, unreasonable, or not in the best interests of the employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was indeed a low-paid enterprise agreement. The average weekly earnings of the employees were below the prescribed threshold, which qualified the agreement for simplified approval. The Commission also concluded that the terms of the agreement were fair and appropriate, and did not contain any provisions that were contrary to the public interest or detrimental to the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Greyhound Racing Victoria Stewards and Associated employees Enterprise Agreement 2016, confirming its status as a low-paid agreement. The Commission's decision was based on the evidence that the average weekly earnings of the employees were below the threshold, and that the terms of the agreement were fair and reasonable. The approval ensures that the agreement remains in effect, providing the necessary terms and conditions of employment for the covered employees.

Greyhound Racing Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established