Battskey Pty Ltd T/A Ray White Springwood Summary

[2013] FWCA 9885

FAIR WORK COMMISSION

DECISION

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

Battskey Pty Ltd T/A Ray White Springwood
(AG2013/10331)

RAY WHITE SPRINGWOOD ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 17 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Springwood 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 24 December 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Battskey Pty Ltd, trading as Ray White Springwood, sought approval of the Ray White Springwood Enterprise Agreement 2013 from the Fair Work Commission. The application arose in the context of an enterprise agreement that had been registered but was subsequently challenged on the grounds that it was not made in good faith or for the purpose of creating an employment relationship between the employer and its employees. The dispute was heard by Commissioner Smith in the Australian Capital Territory.

The central legal issue before the court was whether the enterprise agreement had been made in good faith and for the purpose of creating an employment relationship. This required an examination of the process through which the agreement was negotiated, the intentions of the parties involved, and whether any procedural or substantive unfairness was present in the agreement or its negotiation. The court also had to consider whether the agreement met the statutory requirements set out in the Fair Work Act 2009.

Commissioner Smith concluded that the agreement had indeed been made in good faith and for the purpose of creating an employment relationship. The Commissioner found that the negotiation process had been thorough and that both parties had demonstrated a genuine intent to reach a fair and reasonable agreement. The Commissioner noted that while there were some procedural irregularities, they did not undermine the overall good faith of the negotiation process. The substantive terms of the agreement were also deemed fair and reasonable, balancing the interests of both the employer and the employees.

The Fair Work Commission approved the Ray White Springwood Enterprise Agreement 2013. The Commissioner's decision emphasised the importance of good faith in enterprise bargaining and highlighted that minor procedural flaws do not necessarily invalidate an agreement if the primary intent and outcome are fair and reasonable.

Battskey Pty Ltd T/A Ray White Springwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established