DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harness Racing Victoria
(AG2018/6243)

HARNESS RACING VICTORIA STEWARDS PANEL ENTERPRISE AGREEMENT 2018

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2019

Application for approval of the Harness Racing Victoria Stewards Panel Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harness Racing Victoria Stewards Panel Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harness Racing Victoria. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Harness Racing Victoria Stewards Panel Enterprise Agreement 2018. The application was brought by Harness Racing Victoria, and the primary concern was the classification of employees under the proposed agreement. The dispute centred on the definition of 'employee', specifically whether it should encompass only those individuals currently employed by Harness Racing Victoria or also include prospective employees. This classification has significant implications for the bargaining rights and protections afforded to the stewards panel members.

The legal issues before the commission were primarily focused on the interpretation of the term 'employee' within the context of the proposed enterprise agreement. The commission had to determine whether the proposed definition in the agreement was in accordance with the provisions of the Fair Work Act 2009. Additionally, the commission was tasked with assessing whether the agreement provided for the fair and equitable treatment of all employees, as required by the act. This involved an examination of the proposed agreement's provisions to ensure they met the necessary standards for approval.

The Fair Work Commission, after considering the arguments presented by the parties and the relevant legal framework, found that the proposed definition of 'employee' in the Harness Racing Victoria Stewards Panel Enterprise Agreement 2018 was in line with the requirements of the Fair Work Act 2009. The commission concluded that the agreement appropriately classified employees and provided for their fair and equitable treatment. Consequently, the commission approved the agreement, noting that it complied with the legislative standards and would serve the interests of both the employer and the employees. This decision ensures that the stewards panel members' rights and protections are adequately addressed within the terms of the enterprise agreement.

Harness 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