DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burgoyne Real Estate Pty Ltd and others
(AG2016/3145)

BARRY PLANT ENTERPRISE AGREEMENT 2016

Real estate industry
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Barry Plant Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barry Plant Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burgoyne Real Estate Pty Ltd, Colin Kitney Management Pty Ltd, Croydon Real Estate Pty Ltd, Dabb Family Rentals Pty Ltd as trustee for Barry Plant Berwick Rental Trust, Dire Ballarat Pty Ltd, Leighton Kidman Pty Ltd, Peter Stickley Pty Ltd, SBV Pty Ltd, Select Realty Property Management Pty Ltd, Select Realty Sales Pty Ltd, South Eastern Real Estate Pty Ltd as trustee for Barry Plant Berwick Sales Unit Trust and Threeonethreefive Real Estate Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 27 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burgoyne Real Estate Pty Ltd and others filed an application for approval of the Barry Plant Enterprise Agreement 2016. The application was before the Fair Work Commission, which is responsible for overseeing the terms and conditions of employment agreements in Australia. The dispute centred on whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009. The respondents, including various unions, argued that certain provisions of the agreement were not in the best interests of the employees.

The court needed to determine if the agreement adequately addressed the minimum entitlements of employees and if it was made in good faith. The legal issues primarily revolved around whether the agreement provided fair and reasonable terms that complied with the statutory criteria. The court examined if the agreement covered essential matters such as pay rates, classification, and dispute resolution mechanisms. Additionally, the court assessed if the process followed to create the agreement was transparent and involved genuine bargaining.

In its decision, the Fair Work Commission found that the Barry Plant Enterprise Agreement 2016 met the necessary criteria for approval. The court concluded that the agreement provided fair and reasonable terms that adequately protected the employees' interests. The Commission determined that the agreement was made in good faith and that the process followed was appropriate. As a result, the court approved the agreement, allowing it to take effect and govern the employment terms of the parties involved. The approval signified that the agreement was deemed to meet the statutory requirements for minimum entitlements and procedural fairness.

Burgoyne Real Estate Pty Ltd and others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established