Bineswood Pty Ltd T/A Ray White Wynnum Manly Summary

[2014] FWCA 2110

FAIR WORK COMMISSION

DECISION

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

Bineswood Pty Ltd T/A Ray White Wynnum Manly
(AG2014/642)

RAY WHITE WYNNUM MANLY ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 31 MARCH 2014

Application for approval of the Ray White Wynnum Manly Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Wynnum Manly 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 7 April 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Bineswood Pty Ltd trading as Ray White Wynnum Manly, the Fair Work Commission was presented with an application for the approval of the Ray White Wynnum Manly Enterprise Agreement 2014. The application was lodged by the employer, seeking the Commission's endorsement of the agreement as a registered instrument. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on procedural fairness and compliance with the statutory requirements for enterprise agreements.

The legal issues before the Commission involved whether the agreement was genuinely negotiated, if it was made in good faith, and whether it contained the necessary terms as stipulated by the Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements, including the proper notification to relevant employee representatives and the provision of a copy of the agreement to employees. The Commission also needed to assess if the agreement covered the minimum mandatory topics and if it adhered to the standards prescribed by the Act.

After examining the evidence and submissions provided, the Commission determined that the application met the criteria for approval. The Commission found that the agreement was genuinely negotiated and made in good faith. It confirmed that the necessary procedural requirements were met, including the notification to relevant employee representatives and the provision of the agreement to employees. Furthermore, the agreement was found to cover all the minimum mandatory topics and adhered to the standards prescribed by the Act. Consequently, the Commission approved the Ray White Wynnum Manly Enterprise Agreement 2014 as a registered instrument.

Bineswood Pty Ltd T/A Ray White Wynnum Manly

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established