austlii:cth/FWCA/2026/544
General information, not legal advice.
FWCA
2026-03-03
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Harness Racing Control Board Trading AS Harness Racing Victoria
HARNESS RACING VICTORIA ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Harness Racing Victoria Enterprise Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the Harness Racing Victoria Enterprise Agreement 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Harness Racing Control Board Trading AS Harness Racing Victoria (the Applicant). The Agreement is a single enterprise agreement.
[2] On 10 February 2026, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
[3] The Applicant has provided written undertakings, dated 13 February 2026, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.
[4] I am satisfied that 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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.
[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.
[6] "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) of the Act I note that the Agreement covers this organisation.
[7] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 September 2029.
[9] Alongside their s.185 application, the Applicant also filed a Form F1 application for orders in relation to s.218A of the Act:
"1. That the Fair Work Commission vary the Harness Racing Victoria Enterprise Agreement 2025-2029 with respect to Appendix B to rectify an obvious error and/ or defect in the terms of Appendix B (Table B1 and Table B2) of the Harness Racing Victoria Enterprise Agreement 2025-2029 (HRV Enterprise Agreement) with respect to the dates of the first salary increase for Band 5 and Band 6 employees and Track and Maintenance employees who will be covered by the HRV Enterprise Agreement."
[10] A copy of this application and the proposed variations have been provided to the bargaining representatives and there have been no objections received.
[11] Having reviewed the list of errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1).
[12] Accordingly, the published Agreement is varied as such:
The Fair Work Commission orders that the HRV Enterprise Agreement Table B1 (Bands 5 - 6) and Table B2 Track and Maintenance classifications on pages 69 and 70 are varied to provide that the operative date for the 2025 salary increase from 1 July 2025 is deleted and 1 September 2025 is substituted consistent with Table B1 (Bands 1 -4) and Tables B3.1, B3.2 and B3.3 on pages 71-73.
This variation will commence in the first full pay period on or after 3 March 2026.

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