DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thoroughbred Racing Productions (Vic) Pty Ltd
(AG2019/2580)

THOROUGHBRED RACING PRODUCTIONS (VIC) PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Broadcasting and recorded entertainment industry
COMMISSIONER GREGORY	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thoroughbred Racing Productions (Vic) Pty 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thoroughbred Racing Productions (Vic) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2019 - 2022. The parties involved in this dispute were Thoroughbred Racing Productions (Vic) Pty Ltd, the employer, and the Communications, Electrical and Plumbing Union of Australia, the union representing the employees. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant statutory requirements, particularly under the Fair Work Act 2009. This involved scrutinising the agreement to determine if it met the criteria for "better off overall" as well as ensuring that the agreement was free from any provisions that could be deemed contrary to public policy. Additionally, the court needed to assess whether the agreement provided for fair and reasonable terms of employment and if the process through which it was negotiated was compliant with the law.

In its decision, the Fair Work Commission evaluated the terms of the enterprise agreement in detail. The court found that the proposed agreement did indeed meet the "better off overall" test, as it provided employees with a fair and reasonable set of conditions that improved their overall entitlements. The court also confirmed that the agreement did not contain any provisions that contravened public policy and that the negotiation process adhered to legal standards. Consequently, the court approved the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2019 - 2022. This decision validated the agreement, allowing it to take effect and govern the terms of employment between the employer and the unionised employees for the specified period.

Thoroughbred Racing Productions (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established