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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bulimba Elite Pty Ltd T/A Ray White Bulimba applied to the Fair Work Commission for approval of an enterprise agreement. The agreement sought to govern the employment of real estate agents under the Real Estate and Property Agents Act 1978. The application was contested by the Real Estate Agents Association of Queensland Inc., which represented a number of employees of the respondent. The applicants contended that the agreement was a lawful agreement under the Fair Work Act 2009, while the respondents argued it contained terms that were not genuinely agreed upon by the parties and did not comply with the Act.

The legal issues before the Commission were whether the agreement was genuinely an agreement between the parties, and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered whether the agreement was an enterprise agreement and whether it complied with the good faith bargaining requirement. The Commission also considered whether the agreement was procedurally fair and whether it contained terms that were contrary to public policy.

The Commission found that the agreement was an enterprise agreement and that it complied with the good faith bargaining requirement. The Commission found that the agreement was procedurally fair and did not contain any terms that were contrary to public policy. The Commission held that the agreement was a genuine agreement between the parties and that it was not unfair or unreasonable. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Commission ordered that the Bulimba Elite Pty Ltd Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be binding on the parties from 1 July 2014. The Commission also ordered that the Real Estate Agents Association of Queensland Inc. pay the costs of the application.

Bulimba Elite Pty Ltd T/A Ray White Bulimba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established