DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing Victoria Limited
(AG2015/4911)

RACING VICTORIA RACEDAY OFFICIALS AGREEMENT 2015-2018

Racing industry
COMMISSIONER CRIBB	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Racing Victoria Raceday Officials Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Racing Victoria Raceday Officials 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 Racing Victoria Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union (AWU) 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.

[4] The Agreement was approved in Chambers on 20 October 2015 and, in accordance with s.54 of the Act, will operate from 27 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Racing Victoria Limited, an entity established under the Racing (Miscellaneous) Act 1994, which sought approval of the Racing Victoria Raceday Officials Agreement 2015-2018. This agreement was proposed to govern the terms and conditions of employment for raceday officials. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected the interests of raceday officials and complied with the provisions of the Act, particularly in relation to the treatment of penalty rates and other entitlements.

The central legal issues before the Commission involved whether the proposed agreement provided for fair and reasonable terms and conditions of employment for raceday officials. Specifically, the Commission had to examine whether the agreement satisfied the requirements under sections 234 and 235 of the Act. These sections mandate that an agreement must not harm employees, must not be less favourable than the relevant award or registered agreement, and must not provide for terms and conditions that are less favourable than the National Employment Standards. Furthermore, the Commission needed to assess if the agreement adequately addressed the penalty rates and other entitlements for raceday officials, considering their unique working conditions.

The Commission determined that the Racing Victoria Raceday Officials Agreement 2015-2018 was fair and reasonable, thereby meeting the criteria for approval under the Act. The Commission found that the agreement provided for appropriate penalty rates and other entitlements that were suitable for the specific nature of the work performed by raceday officials. It was also concluded that the agreement did not disadvantage employees and was consistent with the National Employment Standards. Consequently, the Commission approved the agreement, recognising its alignment with the legislative requirements and the fair treatment of raceday officials.

The Fair Work Commission approved the Racing Victoria Raceday Officials Agreement 2015-2018, recognising its compliance with the statutory requirements and its fair treatment of raceday officials. The approval was granted based on the Commission's determination that the agreement provided for appropriate terms and conditions, including penalty rates and other entitlements, in line with the Fair Work Act 2009.

Racing Victoria Limited

DECISION

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