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

[2023] FWCA 770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/378)

Moonee Valley Racing Club (Casual Events Staff) Agreement 2022-2025

Sporting organisations
COMMISSIONER MCKINNON	SYDNEY, 10 MARCH 2023

Application for approval of the Moonee Valley Racing Club (Casual Events Staff) Agreement 2022 – 2025

Moonee Valley Racing Club T/A Moonee Valley Racing Club Inc has applied for approval of a single enterprise agreement known as the Moonee Valley Racing Club (Casual Events Staff) Agreement 2022 – 2025 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 17 March 2023. The nominal expiry date of the Agreement is 1 August 2025.

The Agreement covers the Media, Entertainment and Arts Alliance.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Moonee Valley Racing Club, trading as Moonee Valley Racing Club Inc, applied for approval of the Moonee Valley Racing Club (Casual Events Staff) Agreement 2022 – 2025. The application was made to the Fair Work Commission, which is tasked with regulating workplace relations in Australia. The agreement pertains to the terms and conditions of employment for casual staff working at events organised by the club. The club sought to have the agreement approved as a registered agreement under the Fair Work Act 2009, which would give it legal effect and enforceability.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement contained the necessary minimum terms and conditions, whether it had been negotiated in good faith, and whether it was in the best interests of the employees. The Commission also needed to assess whether the agreement was free from any unlawful content, such as provisions that were contrary to public policy.

After reviewing the evidence and submissions from the parties, the Fair Work Commission approved the agreement. The Commission found that the agreement contained the necessary minimum terms and conditions and was negotiated in good faith. The Commission also concluded that the agreement was in the best interests of the employees and did not contain any unlawful content. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum rates of pay, leave entitlements, and other benefits. The Commission was satisfied that the agreement would provide for the fair and effective management of the workplace.

The Fair Work Commission approved the Moonee Valley Racing Club (Casual Events Staff) Agreement 2022 – 2025 as a registered agreement under the Fair Work Act. The approval is effective from the date of the Commission's decision and will remain in force until the end of the agreement period. The agreement will now have legal effect and can be enforced by the parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established