Victorian Amateur Turf Club (Incorporating) the Melbourne Racing Club T/A Melbourne Racing Club

[2021] FWCA 7260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Amateur Turf Club (Incorporating) the Melbourne Racing Club T/A Melbourne Racing Club
(AG2021/8751)

MELBOURNE RACING CLUB AND MEDIA ENTERTAINMENT & ARTS ALLIANCE (MEAA) ENTERPRISE AGREEMENT 2021

Racing industry
COMMISSIONER YILMAZ	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Melbourne Racing Club and Media Entertainment & Arts Alliance (MEAA) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Racing Club and Media Entertainment & Arts Alliance (MEAA) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Amateur Turf Club (Incorporating) the Melbourne Racing Club T/A Melbourne Racing Club. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Media, Entertainment and Arts Alliance 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Melbourne Racing Club, trading as Melbourne Racing Club, and the Media Entertainment & Arts Alliance (MEAA). The dispute centred on the application for approval of the Melbourne Racing Club and MEAA Enterprise Agreement 2021. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment and whether it was procedurally sound. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for minimum terms and conditions of employment, was procedurally sound, and was in the best interests of both the employees and the employer. Consequently, the Commission approved the Melbourne Racing Club and MEAA Enterprise Agreement 2021. The approval was made effective from the date of the decision, ensuring that the agreement would govern the employment conditions of the parties involved from that point forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established