AGS Qld Pty Ltd T/A Ray White Ashgrove

[2013] FWCA 7578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AGS Qld Pty Ltd T/A Ray White Ashgrove
(AG2013/2768)

RAY WHITE ASHGROVE ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Ray White Ashgrove Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Ashgrove Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 7 October 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Ray White Ashgrove Enterprise Agreement 2013. The applicant, AGS Qld Pty Ltd trading as Ray White Ashgrove, sought the agreement's endorsement as a single-enterprise agreement under the Fair Work Act 2009. The dispute involved the application's compliance with the statutory requirements and its fairness in terms of the balance of benefits and obligations for the employees.

The primary legal issues before the Commission included whether the application met the threshold for "better off overall" under the Act, and if the agreement was procedurally sound in its development and presentation. Additionally, the Commission examined whether the agreement contained all the mandated terms and conditions as required by the legislation and if it complied with the Fair Work (Registered Organisations) Act 2009 in terms of the involvement of registered organisations.

In delivering its decision, the Fair Work Commission found that the application was procedurally valid, noting the absence of procedural unfairness in the agreement's development. The Commission also concluded that the agreement was "better off overall" for the employees, as it provided a balance of benefits that was favourable when compared to the applicable awards. The Commission approved the Ray White Ashgrove Enterprise Agreement 2013, thereby endorsing it as a single-enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established