Moonee Valley Racing Club Summary

[2025] FWCA 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moonee Valley Racing Club

(AG2025/598)

MOONEE VALLEY RACING CLUB – AWU ENTERPRISE AGREEMENT 2024

Sporting organisations
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2025

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

An application has been made for approval of an enterprise agreement known as the Moonee Valley Racing Club – AWU Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Moonee Valley Racing Club trading as Moonee Valley Racing Club Inc (Employer). The Agreement is a single enterprise agreement.

The notice of employee representational rights was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 April 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Moonee Valley Racing Club applied for approval of the AWU Enterprise Agreement 2024, which was challenged by the Australian Workers Union. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Act, particularly sections concerning the scope of the agreement, the process by which it was negotiated, and its overall fairness and reasonableness. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of the employees and provided for their fair treatment.

The Commission found that the agreement was negotiated in good faith and that it was fair and reasonable. The agreement comprehensively covered all aspects of employment, including wages, conditions of work, and dispute resolution mechanisms. The Commission also noted that the process of negotiation was transparent and involved meaningful consultation between the parties. The agreement provided for fair treatment of employees, ensuring that their rights and interests were protected. The Commission was satisfied that the agreement met the statutory requirements and did not unfairly disadvantage any party.

Accordingly, the Fair Work Commission approved the Moonee Valley Racing Club - AWU Enterprise Agreement 2024. The Commission concluded that the agreement was a genuine and fair effort to balance the interests of the employer and the employees, and it was in the best interests of the parties involved. The decision was made in accordance with the principles of fairness and good faith, and the agreement was deemed to be in compliance with the Fair Work Act 2009. The approval of the agreement will now facilitate a stable working environment and provide a framework for industrial relations within the Moonee Valley Racing Club.

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