DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Racing Victoria Ltd
(AG2019/1237)

RACING VICTORIA RACEDAY OFFICIALS AGREEMENT 2018 - 2021

Racing industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the Racing Victoria Raceday Officials Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Racing Victoria Raceday Officials Agreement 2018-2021 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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) I note that the Agreement covers the organisation.

[5] The Agreement voted on by employees contained several typographical errors. On 15 April 2019 being the date of lodgement, the Applicant filed a request to have the Agreement corrected to replace the typographical errors, attaching a revised decision which removed the errors pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Racing Victoria Limited and the Victorian Trades Hall Council. The dispute centred on the application for approval of the Racing Victoria Raceday Officials Agreement 2018-2021. The Commission was tasked with assessing whether the proposed agreement complied with the relevant legislative framework and if it was fit for purpose in terms of protecting the rights and interests of the employees involved. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for minimum terms and conditions, allowed for a proper bargaining process, and did not unfairly disadvantage any party.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, particularly sections that deal with the approval of enterprise agreements. The Commission needed to ascertain whether the agreement adequately addressed the provisions concerning minimum wages and conditions, the proper representation of employees, and the procedural fairness in the bargaining process. Additionally, the Court had to consider if the agreement met the threshold of being a "better off overall test" for the employees and did not contain any terms that were contrary to public policy or unfair to any party.

The Commission found that the Racing Victoria Raceday Officials Agreement 2018-2021 met the necessary criteria for approval. It was determined that the agreement provided for the minimum terms and conditions required by law and allowed for a fair and proper bargaining process. The Commission was satisfied that the agreement did not unfairly disadvantage any party and met the better off overall test for the employees. The Court noted the efforts made by the parties to reach a consensus and the comprehensive nature of the agreement in addressing the rights and interests of the employees. Consequently, the Court approved the agreement, emphasising the importance of such agreements in maintaining fair and balanced industrial relations within the racing industry.

The final orders of the Court approved the Racing Victoria Raceday Officials Agreement 2018-2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees during the specified period. The Court's decision underscored the importance of adhering to the legislative requirements and ensuring that all parties were adequately represented and protected under the agreement.

Racing Victoria Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established