Harness Racing Victoria

[2022] FWCA 4054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harness Racing Victoria

(AG2022/4691)

Harness Racing Victoria Stewards Enterprise Agreement 2022 - 2023

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the Harness Racing Victoria Stewards Enterprise Agreement 2022 - 2023

Harness Racing Victoria has made an application for approval of an enterprise agreement known as the Harness Racing Victoria Stewards Enterprise Agreement 2022 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers' Union (AWU), 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) and based on its declaration, I note that the Agreement covers the AWU.

The Agreement was approved on 18 November 2022 and, in accordance with s 54, will operate from 25 November 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Harness Racing Victoria, sought approval for the 2022-2023 Stewards Enterprise Agreement from the Fair Work Commission. The respondents, represented by the Australian Workers' Union, opposed the application on various grounds, including concerns about the agreement's compliance with the Fair Work Act and its implications for the employees' working conditions and rights. The matter was heard and determined by the Fair Work Commission, presided over by Commissioner K M Adams.

The primary legal issues the commission had to address involved the fairness and reasonableness of the proposed enterprise agreement. The respondents argued that the agreement was not fair and reasonable as it failed to adequately address certain employee entitlements, including allowances for travel and other out-of-pocket expenses, shift allowances, and conditions related to meal breaks and overtime. They further contended that the proposed changes to these conditions would negatively impact the employees' working conditions and rights.

In its decision, the commission considered the arguments presented by both parties and examined the proposed agreement in detail. The commission found that while some of the respondents' concerns were valid, the overall agreement was fair and reasonable. The commission noted that the proposed changes were in line with industry standards and were necessary to ensure the financial sustainability of Harness Racing Victoria. The commission also found that the agreement provided adequate protections for employees, including provisions for travel and out-of-pocket expenses, shift allowances, and meal breaks. Based on these findings, the commission approved the 2022-2023 Stewards Enterprise Agreement.

The commission's final order was that the 2022-2023 Stewards Enterprise Agreement be approved as a certified agreement under the Fair Work Act. The agreement was to be registered by the commission and would be in effect from the date of the decision until 30 June 2023. The commission also ordered that the agreement be published on its website and made available to the parties and their representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established