DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boss Partners Estate Agents Pty Ltd ATF Jaaron Unit Trust t/a Jellis Craig Ivanhoe and Jellis Craig Rosanna
(AG2021/4605)

JELLIS CRAIG IVANHOE AND ROSANNA ENTERPRISE AGREEMENT 2021

Real estate industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 MAY 2021

Application for approval of the Jellis Craig Ivanhoe and Rosanna Enterprise Agreement 2021.

[1] Jellis Craig Ivanhoe and Jellis Craig Rosanna has applied for approval of a single enterprise agreement known as the Jellis Craig Ivanhoe and Rosanna Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 6 May 2021 and, in accordance with s.54, will operate from 13 May 2021. The nominal expiry date of the Agreement is 6 May 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Boss Partners Estate Agents Pty Ltd trading as Jellis Craig Ivanhoe and Jellis Craig Rosanna, sought approval of the Jellis Craig Ivanhoe and Rosanna Enterprise Agreement 2021. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the relevant provisions of the Act, specifically whether it contained all the required terms and was otherwise fair and reasonable.

The legal issues before the Commission involved a detailed examination of the terms of the agreement and whether they met the statutory requirements. The applicants argued that the agreement was fair and reasonable and contained all necessary terms. The Commission had to assess whether the agreement complied with the legislative framework, including the provisions relating to the required terms and the overall fairness of the agreement. The applicants also needed to demonstrate that the agreement had been made in good faith and without any coercion.

The Commission found that the agreement contained all the required terms and was fair and reasonable. It noted that the applicants had demonstrated that the agreement was made in good faith and without coercion. The Commission was satisfied that the applicants had met their burden of proving that the agreement was fair and reasonable and contained all necessary terms. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Jellis Craig Ivanhoe and Rosanna Enterprise Agreement 2021. The Commission found that the agreement contained all the required terms and was fair and reasonable. The approval of the agreement means that it is now legally binding on the parties involved.

Boss Partners Estate Agents Pty Ltd ATF Jaaron Unit Trust t/a Jellis Craig Ivanhoe and Jellis Craig Rosanna

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established