Victorian Amateur Turf Club (Incorporating The Melbourne Racing Club) Trading AS Melbourne Racing Club

[2025] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Victorian Amateur Turf Club (Incorporating The Melbourne Racing Club) Trading AS Melbourne Racing Club

(AG2025/940)

MELBOURNE RACING CLUB MORNINGTON GROUNDS STAFF AGREEMENT 2024-2028

Racing industry
COMMISSIONER PERICA	MELBOURNE, 23 APRIL 2025

Application for approval of the Melbourne Racing Club Mornington Grounds Staff Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Melbourne Racing Club Mornington Grounds Staff Agreement 2024-2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 23 April 2025. It will operate from 30 April 2025 as required by section 54 of the Act. The nominal expiry date is 1 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Victorian Amateur Turf Club, trading as Melbourne Racing Club, applied for approval of the Melbourne Racing Club Mornington Grounds Staff Agreement 2024-2028. The application was brought before the Fair Work Commission, and the hearing took place to determine the appropriateness of the proposed agreement. The primary concern of the application was whether the agreement met the necessary standards under the Fair Work Act 2009, particularly regarding the treatment of employees working at the Mornington racecourse.

The central legal issue before the commission was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically focusing on the provisions concerning the terms and conditions of employment. The commission needed to assess if the agreement provided fair and reasonable terms that protected the rights of the employees, including minimum wage rates, hours of work, leave entitlements, and other relevant provisions. Furthermore, the commission examined if the agreement was appropriately negotiated and if it adhered to the principles of good faith bargaining.

After reviewing the evidence and submissions, the commission found that the proposed agreement met the necessary standards under the Fair Work Act. The commission was satisfied that the agreement provided fair and reasonable terms for the employees, including appropriate wage rates, hours of work, and leave entitlements. The commission also determined that the agreement was the result of good faith bargaining between the parties. Consequently, the Fair Work Commission approved the Melbourne Racing Club Mornington Grounds Staff Agreement 2024-2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established