Apdex Pty Ltd T/A Ray White Indooroopilly

[2015] FWCA 723

[2015] FWCA 723

FAIR WORK COMMISSION

DECISION

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

Apdex Pty Ltd T/A Ray White Indooroopilly
(AG2014/10548)

INDOOROOPILLY ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 30 JANUARY 2015

Application for approval of the Indooroopilly Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Indooroopilly 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.

Undertaking

[2] With respect to clause 59.2(a) - Meal Allowance of the Agreement, the applicant has provided an undertaking at the request of the Commission which noted that the meal allowance provided under the Agreement was less when compared to the Clerks Private Sector Award 2010, being a relevant award for the better off overall test.

[3] The undertaking states that a clerical employee required to work more than one and a half hours of overtime without being given 24 hours’ notice after the employee’s ordinary time of ending work will be either provided with a meal or a paid meal allowance of $14.50. Where such overtime work exceeds 4 hours a further meal allowance of $11.50 will be paid.

[4] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] The undertaking is not so substantial that if asked to vote again the employees who

voted would not approve the Agreement. I am therefore satisfied that the undertaking does not

result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will

operate from 6 February 2015. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code A, AE412430  PR560551>