DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley Racing Club
(AG2021/6483)

MOONEE VALLEY RACING CLUB (CASUAL EVENTS STAFF) AGREEMENT 2018 – 2022

Sporting organisations
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2021

Application for approval of the Moonee Valley Racing Club (Casual Events Staff) Agreement 2018 - 2022.

[1] Mooney Valley Racing Club has applied for approval of a single enterprise agreement known as the Moonee Valley Racing Club (Casual Events Staff) Agreement 2018 - 2022 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 6 September 2021. The nominal expiry date of the Agreement is 1 August 2022.

[5] The Agreement covers the Media, Entertainment & Arts Alliance.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Moonee Valley Racing Club sought approval for the Moonee Valley Racing Club (Casual Events Staff) Agreement 2018-2022, which outlines the terms and conditions for casual staff employed at their racing events. The application was made under the Fair Work Act 2009, and the Fair Work Commission heard the matter. The primary dispute centred on whether the proposed agreement met the requirements of the Act and whether it provided fair and reasonable terms for the casual employees.

The legal issues before the Commission included whether the agreement was an eligible agreement, whether the terms and conditions proposed were fair and reasonable, and whether the agreement would have a significant detrimental effect on employees. The Commission also had to consider the balance of interests between the employer and the employees, as well as the need to promote harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the submissions from both the employer and the employees' representative. The Commission found that the agreement was an eligible agreement and that the terms and conditions proposed were fair and reasonable. The Commission also concluded that the agreement would not have a significant detrimental effect on employees and would promote harmonious, productive, and cooperative workplace relations. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Moonee Valley Racing Club (Casual Events Staff) Agreement 2018-2022, subject to certain modifications. The modifications included amendments to the notice period for termination of employment and the calculation of penalty rates. The Commission's decision provides clarity and certainty for both the employer and employees regarding the terms and conditions of employment for casual staff at Moonee Valley Racing Club events.

Moonee Valley Racing Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established