Victoria Racing Club Limited T/A Victoria Racing Club

[2022] FWCA 4146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria Racing Club Limited T/A Victoria Racing Club

(AG2022/4581)

Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2022

Racing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 NOVEMBER 2022

Application for approval of the Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2022

Victoria Racing Club Limited T/A Victoria Racing Club (the Employer) has made an application for approval of an enterprise agreement known as the Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 November 2022 and, in accordance with s 54, will operate from 2 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victoria Racing Club Limited T/A Victoria Racing Club sought approval of the 2022 enterprise agreement from the Fair Work Commission. The Australian Workers Union also participated in the proceedings. The application centred on the terms and conditions of employment for employees under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was made in good faith, was free from coercion, and complied with the provisions of the Act. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission's decision hinged on a detailed examination of the agreement's provisions, as well as submissions from both parties. It was necessary to ensure that the agreement did not unjustifiably disadvantage employees and that it complied with the relevant statutory provisions. The Commission also considered the broader context of the agreement, including its alignment with public policy and industrial relations principles. After careful deliberation, the Commission concluded that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The agreement was thus approved by the Commission.

In light of the above, the Fair Work Commission approved the Victoria Racing Club and the Australian Workers Union Enterprise Agreement 2022. The decision was based on the comprehensive analysis of the agreement's provisions, the submissions from both parties, and the broader context of the agreement. The Commission found that the agreement met the legal requirements for approval under the Fair Work Act 2009. As a result, the agreement is now in effect, governing the employment terms and conditions for employees of the Victoria Racing Club.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established