DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Racing Club Limited
(AG2020/3976)

VICTORIA RACING CLUB AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2020

Racing industry
COMMISSIONER MCKINNON	MELBOURNE, 3 MARCH 2021

Application for approval of the Victoria Racing Club and The Australian Workers Union Enterprise Agreement 2020.

[1] Victoria Racing Club Limited has applied for approval of a single enterprise agreement known as the Victoria Racing Club and The Australian Workers Union Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

[5] The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Victoria Racing Club Limited applied for approval of the Victoria Racing Club and The Australian Workers Union Enterprise Agreement 2020. The applicants sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The application was opposed by several unions, including the Australian Workers' Union. The dispute primarily centred on the terms and conditions of employment within the racing industry, including wages, conditions, and dispute resolution mechanisms.

The primary legal issue for the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This required an assessment of whether the agreement contained the minimum terms and conditions required by the Act, and whether it had been made in good faith and without coercion. The Commission also had to consider whether the agreement would provide for a fair and efficient workplace and whether it complied with the 'better off overall test', ensuring that the agreement was at least as good as the applicable award or previous agreement.

The Fair Work Commission determined that the proposed enterprise agreement was made in good faith and without coercion. It found that the agreement provided for a fair and efficient workplace and met the 'better off overall test'. The Commission approved the agreement, noting that it contained the minimum terms and conditions required by the Act and provided for appropriate dispute resolution mechanisms. The Commission also considered the impact of the agreement on the racing industry and the need for flexibility in the workplace, and concluded that the agreement was in the best interests of the employees and the employer.

The Commission approved the Victoria Racing Club and The Australian Workers Union Enterprise Agreement 2020 as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the decision, and the applicants were required to take all necessary steps to bring the agreement into operation. The opposition by the unions was dismissed, and the agreement was deemed to be in effect from the date of registration.

Victoria Racing Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established