Moonee Valley Racing Club
[2025] FWCA 1139
•3 APRIL 2025
| [2025] FWCA 1139 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moonee Valley Racing Club
(AG2025/598)
MOONEE VALLEY RACING CLUB – AWU ENTERPRISE AGREEMENT 2024
| Sporting organisations | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 3 APRIL 2025 |
Application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club – AWU Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Moonee Valley Racing Club trading as Moonee Valley Racing Club Inc (Employer). The Agreement is a single enterprise agreement.
The notice of employee representational rights was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 April 2025. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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