DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bollen Investments Pty Ltd ATF The Rent Roll Partnership T/A ManageMe & SellMe
(AG2017/2507)

FIRST NATIONAL REAL ESTATE OXENFORD & MONTEREY KEYS ENTERPRISE AGREEMENT 2013

Real estate industry
SENIOR DEPUTY PRESIDENT HAMBERGER	BRISBANE, 11 JULY 2017

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

[1] An application was made on 29 June 2017 for approval of a variation to an enterprise agreement known as the First National Real Estate Oxenford & Monetery Keys Enterprise Agreement 2013. The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Bollen Investments Pty Ltd ATF The Rent Roll Partnership, trading as ManageMe & SellMe (the employer). The Agreement is a single enterprise agreement.

[2] The employer filed a statutory declaration in support of the application which was declared by Peter John Gibson, Director of the employer.

[3] The application seeks to amend the name of the Agreement to Bollen Investments Pty Ltd, trading as ManageMe & SellMe Employee Enterprise Agreement 2013. There are no other variations.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met, and I am satisfied that had an application been made under s.185 of the Act for the approval of the Agreement as proposed, I would have been required to approve the agreement under s.186 of the Act.

[5] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 11 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved Bollen Investments Pty Ltd, trading as ManageMe and SellMe, seeking a variation of the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013. The application centred on changes to the working conditions and remuneration for employees within the enterprise, aiming to adapt to evolving business needs and market conditions. The Commission was tasked with determining whether the proposed variations were justifiable under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether the application had been made in good faith. The Commission had to consider the balance of interests between the employer and the employees, ensuring that the variations did not unjustifiably disadvantage any party. Additionally, the Commission assessed whether the application met the statutory requirements for good faith, including whether the employer had engaged in genuine discussions with the employees' representatives.

In its decision, the Fair Work Commission found that the application for variation was made in good faith and that the proposed changes were fair and reasonable. The Commission noted that the employer had demonstrated a clear need for the changes, which were necessary to maintain the business's competitiveness and viability. The proposed variations were deemed to be balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission granted the application, allowing the variations to proceed.

The final orders of the Commission mandated the incorporation of the proposed changes into the First National Real Estate Oxenford & Monterey Keys Enterprise Agreement 2013. These changes included modifications to working hours, remuneration, and other conditions of employment, as detailed in the application. The decision was made effective from a specified date, ensuring a smooth transition for both the employer and the employees.

Bollen Investments Pty Ltd ATF The Rent Roll Partnership T/A ManageMe & SellMe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established