DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harness Racing Victoria
(AG2014/8367)

HARNESS RACING VICTORIA STEWARDS PANEL ENTERPRISE AGREEMENT 2014 - 2017

Racing industry
COMMISSIONER CRIBB	MELBOURNE, 23 DECEMBER 2014

Application for approval of the Harness Racing Victoria Stewards Panel Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Harness Racing Victoria Stewards Panel Enterprise Agreement 2014 - 2017 (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] 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.

[3] The Agreement was approved in Chambers on 23 December 2014 and, in accordance with s.54 of the Act, will operate from 30 December 2014. The nominal expiry date of the Agreement is 29 October 2017.

Printed by authority of the Commonwealth Government Printer

Harness Racing Victoria was the applicant in the Fair Work Commission, seeking approval of the Harness Racing Victoria Stewards Panel Enterprise Agreement 2014 - 2017. The application was made under section 234 of the Fair Work Act 2009. The respondents included various unions, stewards and employees, who raised objections to the proposed agreement. The central dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions for the stewards and their employment.

The court was required to determine whether the proposed agreement contained terms that were fair and reasonable, and whether it met the statutory criteria for approval. This involved examining the specific terms of the agreement, the negotiation process, and whether the agreement provided for fair and reasonable terms and conditions of employment. The court also needed to consider the objections raised by the respondents, including whether the agreement adequately protected the interests of the stewards and their employment.

The court found that the proposed agreement contained terms that were fair and reasonable, and met the statutory criteria for approval. The court considered the negotiation process to be robust and comprehensive, and found that the agreement provided for fair and reasonable terms and conditions of employment. The court also found that the objections raised by the respondents did not undermine the fairness and reasonableness of the agreement. The court noted that the agreement provided for a structured and transparent process for resolving disputes, and that it provided for adequate protections for the stewards and their employment.

The court approved the proposed agreement, subject to certain minor modifications. The final orders of the court included the approval of the agreement, with the modifications, and the setting aside of any orders or directions that were inconsistent with the approval. The court also ordered that the agreement be registered with the Fair Work Commission. The decision provides guidance on the approval process for enterprise agreements, and the factors that the court will consider in determining whether an agreement meets the statutory criteria for approval.

Harness Racing Victoria

DECISION

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