Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential

[2020] FWCA 2181

[2020] FWCA 2181

FAIR WORK COMMISSION

DECISION

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

Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential
(AG2020/18)

DRY ENTERPRISE PTY LTD ENTERPRISE AGREEMENT 2019

Real estate industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 APRIL 2020

Application for approval of the Dry Enterprises Pty Ltd Enterprise Agreement 2019.

[1] Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Dry Enterprise Pty Ltd Enterprise Agreement 2019 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. The views of the bargaining representative were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 May 2020. The nominal expiry date of the Agreement is 27 April 2024.

DEPUTY PRESIDENT

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