Ausstrade Pty Ltd T/A Ray White Sunnybank

[2014] FWCA 4990

FAIR WORK COMMISSION

DECISION

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

Ausstrade Pty Ltd T/A Ray White Sunnybank
(AG2014/1789)

RAY WHITE SUNNYBANK ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	PERTH, 24 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Sunnybank 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 31 July 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 case before the Australian Industrial Relations Commission was between Ausstrade Pty Ltd, trading as Ray White Sunnybank, and its employees. The matter involved an application for the approval of the Ray White Sunnybank Enterprise Agreement 2014, which was aimed at establishing the terms and conditions of employment for the employees of the real estate agency. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it had been genuinely agreed upon by the parties involved.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, as required by the Fair Work Act, and whether it complied with the statutory requirements set out in the legislation. These requirements included ensuring that the agreement had been negotiated in good faith, that it covered a genuine enterprise, and that it included certain minimum terms and conditions. Additionally, the Commission had to consider whether the agreement was procedurally sound and whether it provided for a proper process for the resolution of disputes.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission found that the agreement had been negotiated in good faith and that it covered a genuine enterprise. The agreement also included all the minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the process for the negotiation and approval of the agreement was procedurally sound, and that it provided for an appropriate process for the resolution of disputes. Consequently, the Commission approved the Ray White Sunnybank Enterprise Agreement 2014.

The final orders of the Commission were that the Ray White Sunnybank Enterprise Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009. This meant that the agreement would be legally binding on the parties and would provide the framework for the employment terms and conditions of the employees of Ausstrade Pty Ltd, trading as Ray White Sunnybank. The approval of the agreement would ensure that the parties could now proceed with the implementation of the new terms and conditions of employment, subject to any further disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established