Harness Racing Victoria

[2024] FWCA 952

[2024] FWCA 952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harness Racing Victoria

(AG2024/557)

HARNESS RACING VICTORIA STEWARDS ENTERPRISE AGREEMENT 2023-2024

State and Territory government administration
DEPUTY PRESIDENT BELL	MELBOURNE, 18 MARCH 2024

Application for approval of the Harness Racing Victoria Stewards Enterprise Agreement 2023-2024.

1. An application has been made for approval of an enterprise agreement known as the Harness Racing Victoria Stewards Enterprise Agreement 2023-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Harness Racing Victoria. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 6 September 2023 and the Agreement was made on 20 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers’ Union (AWU), 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.

1. The Agreement was approved on 18 March 2024 and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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