Catalyst Commercial Real Estate Pty Ltd T/A Ray White Industrial (Milton)

[2014] FWCA 1585

FAIR WORK COMMISSION

DECISION

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

Catalyst Commercial Real Estate Pty Ltd T/A Ray White Industrial (Milton)
(AG2014/327)

RAY WHITE INDUSTRIAL (MILTON) ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 6 MARCH 2014

Application for approval of the Ray White Industrial (Milton) Enterprise Agreement 2014.

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

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 13 March 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

Catalyst Commercial Real Estate Pty Ltd, trading as Ray White Industrial (Milton), sought approval of the Ray White Industrial (Milton) Enterprise Agreement 2014. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The application was contested by the Queensland Building and Construction General On-site Workers Union, which raised concerns about various provisions of the proposed agreement.

The primary legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations, particularly regarding minimum entitlements and the proper classification of employees. The union argued that certain clauses in the agreement failed to meet these standards, potentially disadvantaging employees. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and if it met the procedural requirements for enterprise agreements.

In its decision, the Commission examined each clause in question and assessed whether it provided for adequate minimum entitlements, proper classification, and procedural fairness. After careful consideration, the Commission found that the agreement was generally compliant with the necessary statutory requirements. The Commission acknowledged some concerns raised by the union but concluded that the benefits of the agreement, including improved wages and conditions, outweighed any minor deficiencies. Therefore, the Commission approved the Ray White Industrial (Milton) Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established