Bulimba Elite Pty Ltd T/A Ray White Bulimba

[2015] FWCA 612

[2015] FWCA 612

FAIR WORK COMMISSION

DECISION

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

Bulimba Elite Pty Ltd T/A Ray White Bulimba
(AG2014/10374)

BULIMBA ELITE PTY LTD ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 2 FEBRUARY 2015

Application for approval of the Bulimba Elite Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bulimba Elite Pty Ltd 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.

Undertaking

[2] With respect to clause 11.2 - Employer to discuss change of the Agreement, the applicant has provided an undertaking in response to the Commission’s concern that the Agreement did not provide for representation of employees for the purposes of consultation pursuant to s.205(1)(b) of the Act.

[3] The undertaking is to be inserted as clause 11.2 (d) of the Agreement which states that relevant employees may appoint a representative for the purposes of the procedures detailed in 11.2. If a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation and the employee or employees advise the employer of the identity of the representative, the employer must recognise the representative.

[4] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] The undertaking is not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertaking does not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[6] 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.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 9 February 2015. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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