Victoria Amateur Turf Club (Incorporating The Melbourne Racing Club) T/A Melbourne Racing Club

[2022] FWCA 3330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria Amateur Turf Club (Incorporating The Melbourne Racing Club) T/A Melbourne Racing Club

(AG2022/3869)

Mornington Racing Club and AWU Enterprise Agreement 2021 - 2024

Racing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2022

Application for approval of the Mornington Racing Club and AWU Enterprise Agreement 2021 – 2024

An application has been made for approval of an enterprise agreement known as the Mornington Racing Club and AWU Enterprise 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 Victoria Amateur Turf Club (Incorporating The Melbourne Racing Club) T/A Melbourne Racing Club. 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 26 September 2022 and, in accordance with s.54, will operate from 3 October 2022. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Victoria Amateur Turf Club (Incorporating The Melbourne Racing Club) trading as Melbourne Racing Club, the Court addressed an application concerning the approval of the Mornington Racing Club and AWU Enterprise Agreement 2021 – 2024. This case revolved around the need for judicial oversight to ensure that the terms of the proposed enterprise agreement were fair and reasonable for all parties involved, particularly given the unique nature of employment relations within the racing industry.

The court was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether the agreement contained all the necessary minimum terms as outlined in the legislation. This included scrutinising whether the agreement provided for adequate pay and conditions, such as wages, hours of work, leave entitlements, and other employment-related terms. The court had to assess whether the agreement provided for fair and reasonable terms that adhered to the principles of the Fair Work Act.

The Court examined the specific provisions of the enterprise agreement and considered the submissions from both the Mornington Racing Club and the Australian Workers' Union. It took into account the industry standards, the economic context, and the need for flexibility in the racing industry. Ultimately, the Court found that the proposed agreement did indeed contain all the necessary minimum terms and was fair and reasonable for the employees. The Court approved the enterprise agreement, thus allowing it to come into effect and govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established