Harness Racing Victoria

[2013] FWCA 8596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harness Racing Victoria
(AG2013/9688)

HARNESS RACING VICTORIA ENTERPRISE AGREEMENT 2013 - 2016

Racing industry
COMMISSIONER CRIBB	MELBOURNE, 31 OCTOBER 2013

Application for approval of the Harness Racing Victoria Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Harness Racing Victoria Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 31 October 2013 and, in accordance with s.54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Harness Racing Victoria Limited applied for approval of an enterprise agreement with its employees. The employees were represented by the Harness Racing Employees Union. The dispute centred around whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009. The court had to determine whether the agreement complied with the requirements for good faith bargaining, procedural fairness, and substantive fairness. Specifically, the court needed to assess whether the agreement provided for reasonable terms and conditions, and whether the process leading to the agreement was fair and transparent.

The Fair Work Commission examined the application to ensure that the bargaining process was conducted in good faith and that the terms of the agreement were fair and reasonable. The court considered the evidence presented by both parties regarding the negotiation process, the content of the agreement, and its potential impact on employees. The commission also took into account the economic and social context in which the agreement was negotiated. After reviewing the submissions and evidence, the commission found that the agreement was made in good faith, the process was procedurally fair, and the terms were substantively fair.

The Fair Work Commission approved the Harness Racing Victoria Enterprise Agreement 2013 - 2016. The court found that the negotiation process was fair, and the terms of the agreement were reasonable. The commission concluded that the agreement met the necessary legal criteria for approval. The court also noted that the agreement provided for fair and reasonable terms and conditions of employment, which were in line with industry standards. The final orders of the commission were that the agreement be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established