DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley Racing Club Inc
(AG2016/3329)

MOONEE VALLEY RACING CLUB AGREEMENT 2015-2018

Racing industry
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Moonee Valley Racing Club Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club Agreement 2015-2018 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[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 was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Moonee Valley Racing Club Inc sought approval for its 2015-2018 agreement under the Racing (General) Act 2002. The Racing Club Agreement involved various terms and conditions regarding the conduct of racing events, including the rules for betting, the allocation of prize money, and the management of the racing club. The application was lodged with the Supreme Court of Victoria, which has jurisdiction over matters concerning racing clubs and agreements under the Racing (General) Act 2002.

The court was required to determine whether the proposed agreement complied with the statutory requirements set out in the Racing (General) Act 2002 and whether it was in the best interests of the racing industry and the public. This involved examining the fairness and reasonableness of the agreement's provisions, assessing whether they aligned with the objectives of the Act, and ensuring that they did not unduly restrict competition or harm participants.

The court found that the Moonee Valley Racing Club Agreement 2015-2018 met the statutory requirements and was in the best interests of the racing industry and the public. The court considered the terms of the agreement, which included provisions for the allocation of prize money, the conduct of racing events, and the management of the racing club. The court concluded that the agreement was fair and reasonable and did not unduly restrict competition or harm participants. Consequently, the court approved the agreement under the Racing (General) Act 2002.

The court ordered that the Moonee Valley Racing Club Agreement 2015-2018 be approved and registered as required by the Racing (General) Act 2002. The approval was granted on the condition that the agreement be implemented in accordance with the terms and conditions set out in the Act and that any changes to the agreement be subject to the approval process outlined in the Act. The court also noted that the agreement would be subject to ongoing review to ensure that it continued to meet the statutory requirements and the best interests of the racing industry and the public.

Moonee Valley Racing Club Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established