Greyhound Racing Victoria

[2013] FWCA 127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greyhound Racing Victoria
(AG2012/14212)

GRV EMPLOYEE ENTERPRISE AGREEMENT 2012-2015

State and Territory government administration
COMMISSIONER ROBERTS	SYDNEY, 8 JANUARY 2013

Application for approval of the GRV Employee Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the GRV Employee Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2013. The nominal expiry date will be 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greyhound Racing Victoria sought approval of the GRV Employee Enterprise Agreement 2012-2015, which included a provision allowing for the transfer of employees to another employer. The application was challenged by the union representing the employees, the Australian Workers’ Union. The union argued that the transfer clause was unreasonable and should not be approved. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the transfer clause was unreasonable under section 234 of the Fair Work Act 2009. The union contended that the clause provided for a unilateral transfer of employees without their consent, which was contrary to the principle of mutuality. Greyhound Racing Victoria argued that the clause was necessary to ensure business continuity and flexibility in case of mergers or acquisitions. The commission had to determine whether the clause was reasonable in the circumstances of the case.

The commission examined the terms of the clause and the broader context of the agreement. It considered the nature of the industry, the potential impact of mergers or acquisitions, and the need for business flexibility. The commission found that the clause provided for a reasonable transfer mechanism, taking into account the interests of both the employer and the employees. The commission held that the clause was not unreasonable and approved the enterprise agreement. The union's application was dismissed.

The Fair Work Commission dismissed the union's application and approved the GRV Employee Enterprise Agreement 2012-2015, including the transfer clause. The union's appeal to the Federal Court was subsequently dismissed, confirming the commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established