Award Winning Properties Pty Ltd as trustee for Award Winning Properties Trust T/A Ray White Wamuran

[2014] FWCA 1664

FAIR WORK COMMISSION

DECISION

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

Award Winning Properties Pty Ltd as trustee for Award Winning Properties Trust T/A Ray White Wamuran
(AG2014/467)

RAY WHITE WAMURAN ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 11 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Wamuran 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 18 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

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Award Winning Properties Pty Ltd, as trustee for the Award Winning Properties Trust trading as Ray White Wamuran, sought approval of the Ray White Wamuran Enterprise Agreement 2013. The respondents included various unions and employees represented by them. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the relevant industrial laws and regulations.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine whether the proposed agreement met the criteria for direct or indirect approval under the Act. This included assessing whether the agreement was genuinely bargained, whether it complied with the statutory minimum entitlements, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the court had to consider submissions from both the applicant and the respondents regarding the fairness and practicality of the proposed terms.

The court carefully examined the evidence and submissions presented by both parties. It concluded that the proposed agreement was genuinely bargained and contained terms that were fair and reasonable in all respects. The court found that the agreement met all the statutory requirements for approval and provided adequate protections for employees. Consequently, the court granted approval of the Ray White Wamuran Enterprise Agreement 2013, ensuring that it would operate as a legally binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established