Moonee Valley Racing Club T/A Moonee Valley Racing Club

[2025] FWCA 37

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moonee Valley Racing Club T/A Moonee Valley Racing Club

(AG2024/4979)

MOONEE VALLEY RACING CLUB HOSPITALITY ENTERPRISE AGREEMENT 2024

Sporting organisations
COMMISSIONER JOHNS	MELBOURNE, 6 JANUARY 2025

Application for approval of the Moonee Valley Racing Club Hospitality Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club Hospitality Enterprise Agreement 2024 (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 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 United 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 is approved and, in accordance with s.54 of the Act, will operate from 13 January 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Moonee Valley Racing Club, trading as Moonee Valley Racing Club, which sought approval for its 2024 Hospitality Enterprise Agreement. The matter was heard in the Fair Work Commission. The application for approval was contested by the Australian Services Union, representing the employees of the club. The dispute centred around the terms and conditions outlined in the proposed agreement, particularly those relating to wages, working hours, and other employment conditions for the club's hospitality staff.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider if the agreement was made in good faith, whether it provided for minimum entitlements, and if it was free from any improper influence or coercion. Additionally, the Commission examined whether the agreement's terms were consistent with the principles of procedural fairness and whether they provided for a fair and reasonable outcome for both parties.

The Commission found that the proposed agreement was made in good faith and was free from any improper influence or coercion. It concluded that the agreement provided for fair and reasonable terms and conditions, including minimum entitlements, for the employees. The Commission noted the extensive consultation process undertaken by the club, which involved discussions with the union and consideration of employee feedback. The Commission was satisfied that the agreement's terms were consistent with the principles of procedural fairness and provided for a fair and reasonable outcome for both parties. As such, the Commission approved the 2024 Hospitality Enterprise Agreement.

The final order of the Commission was that the Moonee Valley Racing Club Hospitality Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement, which sets out the terms and conditions of employment for the club's hospitality staff, is now legally binding on both the club and its employees. The approval ensures that the employees are protected by a fair and reasonable agreement that meets the statutory requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established