Thoroughbred Racing Productions (Vic) Pty Ltd Summary

[2022] FWCA 2969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thoroughbred Racing Productions (Vic) Pty Ltd

(AG2022/3355)

Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2022 - 2025

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 AUGUST 2022

Application for approval of the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2022 - 2025 (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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thoroughbred Racing Productions (Vic) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, covering the period from 2022 to 2025, was intended to regulate the terms and conditions of employment for its employees. The dispute involved the application for the agreement's approval and the potential implications it might have on the employees and the employer.

The central legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms, including wages, hours of work, leave, and other conditions of employment. Additionally, the court had to consider if the agreement adhered to the process outlined in the Fair Work Act and if it complied with the "better off overall test," ensuring that employees would not be worse off financially.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The agreement included provisions for fair wages, reasonable working hours, and adequate leave entitlements, which were considered to be fair and reasonable. The commission also determined that the agreement complied with the necessary procedural requirements and satisfied the "better off overall test." Therefore, the court approved the enterprise agreement, ensuring that it would come into effect as intended.

The final orders of the court mandated the approval of the Thoroughbred Racing Productions (Vic) Pty Ltd Enterprise Agreement 2022-2025, which was to be registered and would govern the employment terms for the specified period. This decision provided certainty and stability for both the employer and employees, ensuring that the agreement would be implemented as agreed upon.

Thoroughbred Racing Productions (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established