Racing Victoria Ltd T/A Racing Victoria

[2022] FWCA 358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Racing Victoria Ltd T/A Racing Victoria

(AG2021/9184)

Racing Victoria Raceday Officials Agreement 2021-2024

Racing industry
COMMISSIONER WILSON	MELBOURNE, 7 FEBRUARY 2022

Application for approval of the Racing Victoria Raceday Officials Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Racing Victoria Raceday Officials Agreement 2021-2024 (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 T/A Racing Victoria (the Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Racing Victoria Ltd sought approval of the Racing Victoria Raceday Officials Agreement 2021-2024, which would apply to raceday officials employed by Racing Victoria Ltd. The dispute centred around whether the agreement provided fair and reasonable terms and conditions for the officials, in line with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for being "fair and reasonable" as per section 234 of the Act. This involved examining if the agreement provided for a fair level of remuneration, reasonable hours of work, and appropriate conditions that balanced the interests of both Racing Victoria Ltd and the raceday officials. The Commission also considered if the agreement allowed for adequate consultation and negotiation processes between the parties.

The Commission found that the agreement did meet the criteria for being fair and reasonable. It provided for adequate remuneration, reasonable hours of work, and included provisions for consultation and negotiation. The Commission noted that the agreement was the product of good faith negotiations and took into account the specific circumstances of the industry and the role of raceday officials. The Commission approved the agreement, emphasising the importance of maintaining a fair and reasonable industrial relationship between Racing Victoria Ltd and the raceday officials.

The Fair Work Commission approved the Racing Victoria Raceday Officials Agreement 2021-2024, recognising its compliance with the requirements of the Fair Work Act 2009. The approval ensures that the agreement will govern the terms and conditions of employment for raceday officials during the specified period, providing a framework for a fair and reasonable industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established