Anthony Whitcroft Nerang Pty Ltd T/A Ray White Nerang Summary

[2014] FWCA 1388

FAIR WORK COMMISSION

DECISION

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

Anthony Whitcroft Nerang Pty Ltd T/A Ray White Nerang
(AG2014/269)

RAY WHITE NERANG ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 26 FEBRUARY 2014

Application for approval of the Ray White Nerang Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Nerang Enterprise Agreement 2014 (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 5 March 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicants, Anthony Whitcroft Nerang Pty Ltd trading as Ray White Nerang, applied to the Fair Work Commission for the approval of the Ray White Nerang Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicants sought to have the agreement approved under section 232 of the Fair Work Act 2009. The applicants argued that the agreement was necessary to address the operational realities of their business, particularly in relation to the classification of employees and the terms and conditions of their employment. The CFMEU opposed the application, contending that the agreement contained terms that were not fair and reasonable, particularly in relation to the classification of employees and the impact on their wages and conditions.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The Commission considered the evidence and arguments presented by both parties, and examined the terms of the agreement in detail. The Commission found that the agreement contained terms that were not fair and reasonable, particularly in relation to the classification of employees and the impact on their wages and conditions. The Commission also found that the agreement had not been made in good faith, as the applicants had not engaged in genuine bargaining with the CFMEU.

The Commission refused to approve the Ray White Nerang Enterprise Agreement 2014. The applicants were ordered to give the CFMEU 21 days' written notice of their intention to make a new enterprise agreement, and to provide a copy of the proposed agreement to the CFMEU at least 14 days before the agreement was put to a vote. The applicants were also ordered to take all reasonable steps to ensure that the agreement was not put to a vote unless and until the CFMEU had been given a reasonable opportunity to bargain over its terms and conditions. The CFMEU was ordered to give the applicants 21 days' written notice of its intention to make a new enterprise agreement, and to provide a copy of the proposed agreement to the applicants at least 14 days before the agreement was put to a vote. The CFMEU was also ordered to take all reasonable steps to ensure that the agreement was not put to a vote unless and until the applicants had been given a reasonable opportunity to bargain over its terms and conditions.

Anthony Whitcroft Nerang Pty Ltd T/A Ray White Nerang

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established