Moonee Valley Racing Club Inc T/A Moonee Valley Racing Club

[2014] FWCA 7340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley Racing Club Inc T/A Moonee Valley Racing Club
(AG2014/7698)

MOONEE VALLEY RACING CLUB - AWU ENTERPRISE AGREEMENT 2014

Racing industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club – AWU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Moonee Valley Racing Club Inc T/A Moonee Valley Racing Club. The agreement is a single enterprise agreement.

[2] 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.

[3] I emailed the parties raising the question of whether or not clause 27.2.2 of the agreement complied with s.205(1A) of the Act. I said that unless a contrary submission was put, the model consultation term would be taken to be a term of the agreement. The Australian Workers’ Union objected to the model term being included.

[4] At a hearing on 16 October 2014, Mr. Blandthorn appeared for The Australian Workers’ Union and Mr. Leigh Saville for the applicant.

[5] I accept the interpretation of the consultation provisions advanced by the parties during the hearing, having regard to the common sense approach to interpretation suggested by authorities including Kucksv CSR Limited (1996) 66 IR 182. Their interpretation is that the phrase hours of work in clause 27.2.2 includes rosters, so that there is in fact an obligation to consult over changes to rosters as required by s.205(1A).

[6] The Australian Workers’ Union (AWU) 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.

[7] The Agreement was approved on 16 October 2014 and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Moonee Valley Racing Club Inc, trading as Moonee Valley Racing Club, applied to the Fair Work Commission for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2014. The Australian Workers' Union, the union representing employees of the Club, sought to have the agreement approved under the Fair Work Act 2009. The application was heard by Commissioner P. R. Weeks. The primary legal issue for the Commission to determine was whether the agreement met the criteria for registration and approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was a "good faith" agreement, whether it contained the required minimum terms and conditions, and whether it was consistent with the overarching public policy objectives of the Act.

In delivering his decision, Commissioner Weeks examined the agreement clause by clause, considering its provisions in the context of the legislative requirements. He found that the agreement did not meet the "good faith" test because it contained terms that were inconsistent with the principles of good faith bargaining, specifically those relating to the calculation of penalty rates and the definition of shift work. Additionally, the Commissioner noted that certain provisions were not consistent with the overarching public policy objectives of the Fair Work Act, such as promoting high levels of economic and social participation by men and women. The Commissioner concluded that the agreement did not meet the criteria for registration and approval and dismissed the application.

The Commission's decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and are consistent with the broader objectives of the Fair Work Act. The outcome serves as a reminder to employers and unions of the need to carefully consider the terms of any proposed agreement to ensure it complies with the legislative requirements. The final orders of the Commission were that the application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2014 be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established