Bollen Investment Pty Ltd T/A First National Oxenford

[2013] FWCA 8989

FAIR WORK COMMISSION

DECISION

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

Bollen Investment Pty Ltd T/A First National Oxenford
(AG2013/9996)

FIRST NATIONAL REAL ESTATE OXENFORD & MONTEREY KEYS ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 15 NOVEMBER 2013

Application for approval of the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the First National Real Estate Oxenford & Monterey Keys 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 22 November 2013. 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

Bollen Investment Pty Ltd, trading as First National Oxenford, applied to the Fair Work Commission for approval of the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013. The application was made under section 232 of the Fair Work Act 2009, which governs the registration of new enterprise agreements. The dispute involved the terms and conditions of employment for staff at the Oxenford and Monterey Keys offices of First National Real Estate, and the application was heard by the Commission’s delegate.

The primary legal issues that the Commission had to address were whether the agreement met the requirements set out in the Fair Work Act, specifically whether it was a "better off overall test" agreement, and whether it complied with the various procedural and substantive provisions of the Act. The Commission needed to consider if the agreement was made in good faith, if it was negotiated fairly, and whether it contained all the mandatory terms prescribed by the Act. Additionally, the Commission had to ensure that the agreement did not discriminate against any group of employees and was not detrimental to the employees covered by the agreement.

After examining the evidence and submissions, the Commission found that the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013 met all the statutory requirements. The agreement was determined to be a "better off overall test" agreement, as it was not detrimental to the employees when compared to the relevant award. The Commission was satisfied that the agreement had been negotiated in good faith and contained all the mandatory terms. Furthermore, the agreement did not contain any discriminatory provisions and was not detrimental to the employees. Consequently, the Commission approved the agreement and registered it under section 176 of the Fair Work Act.

The Fair Work Commission approved the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013 and ordered its registration. This decision ensures that the terms and conditions of employment for the relevant staff are governed by the new agreement, which provides a legally binding framework for the relationship between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established