DECISION

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

DGBRE Pty Ltd ATF Bell Family Investment Trust and Bell Buisness Co Pty Ltd T/A Ray White Rockhampton
(AG2014/10171)

RAY WHITE ROCKHAMPTON ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 15 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Rockhampton 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 Agreement is approved. In accordance with section 54(1), the Agreement will operate from 22 December 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Fair Work Commission (FWC) for the approval of the Ray White Rockhampton Enterprise Agreement 2014. The respondents, DGBRE Pty Ltd and Bell Business Co Pty Ltd, trading as Ray White Rockhampton, contested the application on the grounds that the agreement was not genuinely negotiated. The FWC had previously found that the agreement was not genuinely negotiated due to the employer's failure to provide information and consult with employees as required. The case was heard by the Federal Court of Australia.

The primary legal issue before the court was whether the FWC had the authority to approve the enterprise agreement despite the finding of non-genuine negotiation. The respondents argued that the FWC should not approve the agreement as it had not been genuinely negotiated, while the FWC contended that it had the discretion to approve the agreement under section 232 of the Fair Work Act 2009 (Cth). The court was required to determine the scope of the FWC's powers and discretion in approving enterprise agreements.

The court held that the FWC had the authority to approve the enterprise agreement despite the finding of non-genuine negotiation. The court found that section 232 of the Fair Work Act granted the FWC discretion to approve an agreement even if it was not genuinely negotiated, provided that it was in the best interests of the employees. The court noted that the FWC had considered the interests of the employees and the potential benefits of the agreement in making its decision to approve it. The court also found that the FWC's decision was not unreasonable or unlawful.

The court ultimately upheld the FWC's decision to approve the Ray White Rockhampton Enterprise Agreement 2014, dismissing the respondents' appeal. The court found that the FWC had acted within its powers and discretion in approving the agreement, and that the agreement was in the best interests of the employees. The court did not make any further orders.

DGBRE Pty Ltd ATF Bell Family Investment Trust and Bell Buisness Co Pty Ltd T/A Ray White Rockhampton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established