Brendanna Pty Ltd ATF The Brendanna Family Trust T/A Ray White Kirwan

[2014] FWCA 4989

FAIR WORK COMMISSION

DECISION

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

Brendanna Pty Ltd ATF The Brendanna Family Trust T/A Ray White Kirwan
(AG2014/1778)

RAY WHITE KIRWAN ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	PERTH, 24 JULY 2014

Application for approval of the Ray White Kirwan Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Kirwan 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 31 July 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

The case involved Brendanna Pty Ltd, trading as Ray White Kirwan, and the Fair Work Commission. The dispute centred around the approval of the Ray White Kirwan Enterprise Agreement 2014. The company sought the Commission's approval for the agreement, which was intended to regulate the terms and conditions of employment for its staff. The legal issues the Court had to decide included whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it complied with the procedural fairness principles. Specifically, the Court examined whether the agreement had been fairly negotiated and if it contained the necessary provisions to ensure the protection of employees' rights.

The Fair Work Commission found that the agreement was generally in line with the legislative requirements and had been negotiated fairly. However, the Commission identified some procedural deficiencies in the negotiation process, such as the absence of certain employee representatives during key discussions. Despite these shortcomings, the Commission concluded that the overall fairness of the negotiation process was not significantly compromised. Furthermore, the Court was satisfied that the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009. Consequently, the Commission approved the Ray White Kirwan Enterprise Agreement 2014, subject to specific conditions designed to address the identified procedural issues.

The Commission's decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and contain the requisite minimum terms. While procedural imperfections may exist, the Court held that they do not necessarily invalidate an otherwise compliant agreement. The approval of the Ray White Kirwan Enterprise Agreement 2014 reflects the Commission's commitment to balancing the interests of employers and employees while upholding the principles of procedural fairness and statutory compliance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established