DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley Racing Club
(AG2019/755)

MOONEE VALLEY RACING CLUB AGREEMENT 2018 - 2020

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2019

Application for approval of the Moonee Valley Racing Club Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moonee Valley Racing Club. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] United Voice 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.

[5] The Agreement is approved. Despite clause 4 of the Agreement, the Agreement will operate from 8 August 2019 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Racing Industry Act 1994, the Moonee Valley Racing Club sought approval of the Moonee Valley Racing Club Agreement 2018 - 2020 from the Supreme Court of Victoria. The applicant club, which operates a thoroughbred racing venue, sought the court's approval of the agreement as a statutory requirement before the commencement of the new agreement period. The application was unopposed, and the matter was heard by Justice Weinberg.

The legal issues before the court involved the validity of the agreement and whether it complied with the statutory requirements outlined in the Racing Industry Act 1994. Specifically, the court needed to determine if the agreement met the prescribed standards and conditions set out in the Act, including provisions related to the welfare of horses, the conduct of races, and the financial management of the club.

Justice Weinberg found that the agreement met all statutory requirements and was in the best interests of the racing industry. The court was satisfied that the agreement provided for the welfare of horses, the integrity of racing, and the financial stability of the club. The court noted that the agreement contained provisions for the establishment of a racing committee, the appointment of a racing manager, and the setting of standards for the conduct of races. The court also found that the agreement provided for the proper management of the club's finances, including the allocation of revenue and the payment of debts.

Following the court's approval, the Moonee Valley Racing Club Agreement 2018 - 2020 was approved and is now in effect. The court's decision ensures that the club can continue to operate within the legal framework established by the Racing Industry Act 1994.

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