Racing Victoria Limited

[2013] FWCA 5029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing Victoria Limited
(AG2013/1564)

RACING VICTORIA AWU RACEDAY OFFICIALS AGREEMENT 2012 - 2015

Racing industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2013

Application for approval of the Racing Victoria AWU Raceday Officials Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Racing Victoria AWU Raceday Officials Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Racing Victoria Limited. 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.

[4] 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) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Racing Victoria Limited applied to the Fair Work Commission for approval of the Racing Victoria AWU Raceday Officials Agreement 2012-2015, which outlined the terms and conditions of employment for raceday officials. The Australian Workers' Union represented the officials in the negotiations and subsequently sought to have the agreement approved by the Commission. The Australian Competition and Consumer Commission opposed the application, arguing that the agreement contained provisions that could potentially undermine competition in the market for raceday officials' services.

The primary legal issue before the Commission was whether the provisions of the agreement, particularly those relating to the classification and remuneration of officials, were consistent with the objectives of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement would have an adverse effect on competition in the market for raceday officials' services. The Commission also had to consider whether the agreement adequately protected the rights and interests of the officials, while ensuring that the racing industry could operate efficiently and effectively.

In its decision, the Commission found that the Racing Victoria AWU Raceday Officials Agreement 2012-2015 did not have an adverse effect on competition in the market for raceday officials' services. The Commission noted that the agreement established a transparent and consistent framework for the classification and remuneration of officials, which promoted fairness and predictability in the industry. Furthermore, the Commission found that the agreement provided appropriate protections for the rights and interests of the officials, while allowing the racing industry to operate efficiently and effectively. Consequently, the Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the Racing Victoria AWU Raceday Officials Agreement 2012-2015, with modifications to the provisions relating to the classification and remuneration of officials, as well as the dispute resolution process. These modifications were aimed at addressing the concerns raised by the Australian Competition and Consumer Commission and ensuring that the agreement was consistent with the objectives of the Fair Work Act 2009. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would remain in force until 30 June 2015, or until terminated in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established