Moonee Valley Racing Club

[2018] FWCA 6967

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Moonee Valley Racing Club

(AG2018/3536)

Moonee Valley Racing Club - AWU Enterprise Agreement 2017

Racing industry
Commissioner Harper-Greenwell	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club - AWU Enterprise Agreement 2017 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union 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 14 November 2018 and, in accordance with s.54, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union (AWU) sought approval of the Moonee Valley Racing Club (MVRC) - AWU Enterprise Agreement 2017. The AWU represents a number of employees of the MVRC. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The AWU argued that the agreement was procedurally and substantively valid. The MVRC argued that the agreement was invalid because it had not been certified as a single interest employer bargaining agreement, and that the union had not genuinely attempted to negotiate in good faith.

The Commission first considered whether the union had genuinely attempted to negotiate in good faith. The Commission held that the union had met its obligation to genuinely attempt to negotiate in good faith. The Commission then considered whether the agreement was a single interest employer bargaining agreement. The Commission held that the agreement was a single interest employer bargaining agreement as it only contained terms and conditions of employment that applied to employees of the MVRC. The Commission then considered whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009. The Commission held that the agreement was valid as it had been made in accordance with the requirements of the Fair Work Act 2009.

The Commission approved the agreement on 15 January 2018.

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