Moonee Valley Racing Club

[2021] FWCA 3215

[2021] FWCA 3215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley Racing Club
(AG2021/5063)

MOONEE VALLEY RACING CLUB – AWU ENTERPRISE AGREEMENT 2020

Racing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 JUNE 2021

Application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2020.

[1] Moonee Valley Racing Club has applied for approval of a single enterprise agreement known as the Moonee Valley Racing Club - AWU Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Moonee Valley Racing Club sought to correct a typographical error in the original application, by filing an amended application and statutory declaration. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 3 June 2021 and, in accordance with s.54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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<AE511723  PR730448>

Annexure A