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

[2023] FWCA 1717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1735)

MOONEY VALLEY RACING CLUB - AWU ENTERPRISE AGREEMENT 2022

Racing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JUNE 2023

Application for approval of the Moonee Valley Racing Club - AWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club - AWU Enterprise Agreement 2022 (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 Inc T/A 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.

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 16 June 2023 and, in accordance with s.54, will operate from 23 June 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Moonee Valley Racing Club Inc, trading as Moonee Valley Racing Club, sought court approval for the Moonee Valley Racing Club – AWU Enterprise Agreement 2022. The applicant argued that the agreement was fair and reasonable in all its terms. The dispute was heard in the Fair Work Commission, which was asked to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue was whether the terms and conditions outlined in the enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining if the agreement was procedurally and substantively fair and reasonable. The court had to consider the application in light of the principles of enterprise bargaining and the statutory requirements for agreements to be certified as "modern awards."

The Commission found that the agreement was fair and reasonable in all its terms. It noted that the agreement was the product of genuine and good faith negotiations between the parties. The Commission also found that the agreement contained provisions that were consistent with the principles of enterprise bargaining and provided for appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement met the statutory criteria for approval, including provisions for minimum wages, penalty rates, and other employment conditions that aligned with modern award standards.

As a result of the Court's decision, the Moonee Valley Racing Club – AWU Enterprise Agreement 2022 was approved and registered by the Fair Work Commission. This outcome ensures that the terms and conditions of employment for the parties involved are legally binding and compliant with the requirements of the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established