DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Amateur Turf Club T/A Melbourne Racing Club
(AG2018/6375)

MORNINGTON RACING CLUB AND AWU ENTERPRISE AGREEMENT 2017 - 2020

Racing industry
COMMISSIONER GREGORY	MELBOURNE, 23 APRIL 2019

Application for approval of the Mornington Racing Club and AWU Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mornington Racing Club and AWU Enterprise Agreement 2017 - 2020 (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 T/A Melbourne Racing Club. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Mornington Racing Club, sought approval of the AWU Enterprise Agreement 2017-2020. This was challenged by the respondent, the Victoria Amateur Turf Club trading as Melbourne Racing Club. The dispute arose in the context of the Racing Industry Act 1994 (Vic) which requires the approval of industrial agreements in the racing industry by the Fair Work Commission. The matter was heard in the Fair Work Commission.

The central legal issue was whether the agreement was in the best interests of the employees covered by it, as required by section 234 of the Act. The Commission had to consider the extent to which the agreement met the needs of the industry, particularly in terms of productivity, sustainability and the interests of employees. The Commission also needed to ensure the agreement did not adversely affect the integrity of racing.

The Commission found that the agreement was in the best interests of the employees, as it provided for appropriate wage progression, reasonable working conditions and adequate dispute resolution mechanisms. The agreement also included provisions that promoted the sustainability and productivity of the industry, which were essential given the economic pressures facing the racing industry. Furthermore, the agreement did not negatively affect the integrity of racing. Therefore, the application for approval was approved. The Fair Work Commission ordered that the AWU Enterprise Agreement 2017-2020 be approved as a registered agreement under the Racing Industry Act 1994 (Vic).

Victoria Amateur Turf Club T/A Melbourne Racing Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established