DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Racing Club Limited
(AG2017/6349)

VICTORIA RACING CLUB AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2017

Racing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2018

Application for approval of the Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victoria Racing Club Limited. 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. 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.

[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 was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Victoria Racing Club Limited and the Australian Workers Union came before the Fair Work Commission seeking approval for their 2017 Enterprise Agreement. The application involved ensuring that the agreement met the statutory requirements under the Fair Work Act 2009, including fairness, good faith bargaining, and compliance with the safety net. The dispute centred on whether the proposed terms and conditions of employment were fair and appropriate, particularly in light of the specific conditions of the racing industry.

The central legal issue was whether the agreement complied with the legal standards set by the Fair Work Act, including the requirement for genuine bargaining and the absence of unfair terms. The court had to determine if the agreement was made in good faith, if it provided for a safety net that was no less favourable than the relevant award, and if the terms were fair in terms of procedural and substantive fairness. The court also examined whether the agreement included any provisions that might be considered contrary to public policy or that failed to meet the threshold for genuine agreement.

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements. The commission concluded that the bargaining was genuine and that the agreement provided for a safety net that was no less favourable than the relevant award. The court determined that the terms of the agreement were fair, considering the specific context of the racing industry, and that there were no provisions that were contrary to public policy. Consequently, the application for approval of the 2017 Enterprise Agreement was granted.

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