Harness Racing Victoria Summary

[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.

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.

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]

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Harness Racing Victoria, sought approval for the Stewards Enterprise Agreement 2023-2024. The dispute arose between Harness Racing Victoria and the employees represented by the Racing Stewards’ Association of Australia. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Act, including the requirement for the agreement to provide for the protection of employees' rights and interests and whether it was made in good faith. The Commission also had to assess whether the agreement provided for the appropriate resolution of workplace disputes and whether it met the minimum terms and conditions of employment.

The Commission found that the agreement substantially complied with the statutory requirements for approval. It provided for the protection of employees' rights and interests, as well as the appropriate resolution of workplace disputes. The Commission determined that the agreement had been made in good faith and that it met the minimum terms and conditions of employment. The Commission noted that while there were some minor deficiencies in the agreement, they did not prevent the agreement from being approved. The Commission concluded that the benefits of approving the agreement outweighed any potential detriments, and granted the application for approval.

The Commission ordered that the Stewards Enterprise Agreement 2023-2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered and will apply to the employees of Harness Racing Victoria for the period of 2023-2024. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the parties.

Harness Racing Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established